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HomeMy WebLinkAboutCC RES 2019-83CITY COUNCIL RESOLUTION NO. 2019-8 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT CERTIFYING THE ENVIRONMENTAL IMPACT REPORT (SCH # 2019011044) FOR THE DSRT SURF PROJECT; ADOPTING ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM WHEREAS, the DSRT SURF Project ("DSRT SURF" or "Proposed Project") proposes the development of a 5.5-acre surf lagoon and surf center facilities to include restaurant, bar, retail, up to 350 hotel rooms and up to 88 residential villas on 17.69 acres of vacant land within the Desert Willow Golf Resort, including a Specific Plan, Precise Plan, Tentative Tract Map and Development Agreement; and WHEREAS, pursuant to section 21067 of the California Environmental Quality Act (Pub. Res. Code §§ 21000 et seq.) ("CEQA"), and section 15367 of the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), the City of Palm Desert ("City") is the Lead Agency for the Proposed Project; and WHEREAS, pursuant to CEQA and the State CEQA Guidelines, the Lead Agency determined that an Environmental Impact Report ("EIR") should be prepared in order to analyze all potential adverse environmental impacts of the Proposed Project; and WHEREAS, the City issued a Notice of Preparation ("NOP") of a Draft EIR for DSRT SURF on or about January 17, 2019, and it was transmitted to the State Clearinghouse, local and regional agencies, and posted at the Riverside County Clerk's office for a 30-day comment period; and WHEREAS, in the NOP, comments and participation were sought from the public and all interested and affected groups and agencies; and WHEREAS, on or about May 21, 2019, the City initiated a 45-day public review and comment period of the Draft EIR for the Proposed Project and released the Draft EIR for public review and comment; and WHEREAS, pursuant to State CEQA Guidelines section 15086, the City consulted with and requested comments from all responsible and trustee agencies, other regulatory agencies, and other interested parties during the 45-day public review and comment period; and WHEREAS, the City received one comment letter from a State agency, one from the regional air quality management district, one from a County of Riverside agency, one from a non-profit organization and one from an individual during the 45-day public review and comment period; and WHEREAS, the City has prepared a Final EIR, consisting of the comments received during the public review and comment period on the Draft EIR, written responses to those comments, and revisions to the Draft EIR. For the purposes of this Resolution, the "EIR" shall RESOLUTION NO. 2019-83 refer to the Draft EIR, as revised by the Final EIR, together with the other sections of the Final EIR; and WHEREAS, on November 14, 2019, the City Council held a public hearing on the Project, at which all persons wishing to testify were heard; and WHEREAS, the environmental impacts identified in the EIR that the Lead Agency finds are of no impact or constitute a Tess than significant impact and do not require mitigation are described in Section 3 and Section 4 hereof; and WHEREAS, the environmental impacts identified in the EIR as potentially significant but which the Lead Agency finds can be mitigated to a Tess than significant level through the incorporation of feasible Mitigation Measures identified in the EIR and set forth herein, are described in Section 5 hereof; and WHEREAS, the environmental impacts identified in the EIR as potentially significant but which the Lead Agency finds cannot be mitigated to a less than significant level, despite the imposition of feasible Mitigation Measures identified in the EIR and set forth herein, are described in Section 6 hereof; and WHEREAS, the cumulative impacts of the Proposed Project identified in the EIR and set forth herein, are described in Section 7 hereof; and WHEREAS, the significant and irreversible environmental changes that would result from the Proposed Project, but which would be largely mitigated, and which are identified in the EIR and set forth herein, are described in Section 8 hereof; and WHEREAS, the existence of any growth -inducing impacts resulting from the Proposed Project identified in the EIR and set forth herein, are described in Section 9 hereof; and WHEREAS, alternatives to the Proposed Project that might eliminate or reduce significant environmental impacts are described in Section 10 hereof; and WHEREAS, the Mitigation Monitoring and Reporting Program setting forth the mitigation measures to which the Lead Agency shall bind itself in connection with the Proposed Project, is attached hereto as Exhibit "A"; and WHEREAS, prior to taking action, the Lead Agency has heard, been presented with, reviewed and considered all of the information and data in the administrative record, including the EIR, and all oral and written evidence presented to it during all meetings; and WHEREAS, the EIR reflects the independent judgment of the City Council and is deemed adequate for purposes of making decisions on the merits of the Proposed Project; and WHEREAS, the Lead Agency has not received any comments or additional information that constituted substantial new information requiring recirculation under Public Resources Code section 21092.1 and State CEQA Guidelines section 15088.5; and 2 RESOLUTION NO. 2019-83 WHEREAS, all the requirements of CEQA, and the State CEQA Guidelines, have been satisfied by the City in the EIR, which is sufficiently detailed so that all of the potentially significant environmental effects of the Proposed Project have been adequately evaluated; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1: RECITALS The recitals above are true and correct and are incorporated into this Resolution by reference as findings of fact. SECTION 2: SUMMARY OF FINDINGS Based on all of the evidence presented and the entirety of the administrative record, including but not limited to the EIR, written and oral testimony given at public hearings, and the submission of testimony from the public, organizations and regulatory agencies, the following environmental impacts associated with the Project are either: (1) less than significant and do not require mitigation; or (2) potentially significant but will be avoided or reduced to a level of insignificance through the identified Mitigation Measures; or (3) significant and cannot be fully mitigated to a level of less than significant but will be lessened to the extent feasible by the identified Mitigation Measures. SECTION 3: FINDINGS REGARDING NO IMPACT DETERMINATIONS IN THE INITIAL STUDY/NOTICE OF PREPARATION. The City prepared an Initial Study/Notice of Preparation for the Project and circulated it for public comment from January 22, 2019 to February 20, 2019. State CEQA Guidelines section 15091 does not require specific findings to address environmental effects that an EIR identifies as "no impact". Nevertheless, the City Council hereby finds that the Project would have no impact or on the following resource areas: A. AGRICULTURE AND FORESTRY RESOURCES Thresholds: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government 1 RESOLUTION NO. 2019-83 Code section 51104(g))? d) Result in the loss of forest land or conversion of forest land to non -forest use? e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non -forest use? Finding: No Impact (IS/NOP page 19-20) Explanation: The Initial Study determined that the Project would result in "No Impact" to agriculture or forestry resources within the immediate project vicinity because no agricultural or forestry lands occur in the City. B. BIOLOGICAL RESOURCES Thresholds: b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Wildlife or US Fish and Wildlife Service. c) Have a substantial adverse effect on State or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means. d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites. e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance. f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan. Finding: No Impact (IS/NOP page 21-24) Explanation: The Project site does not contain any streams, riparian habitat, marshes, protected wetlands, vernal pools or sensitive natural communities protected by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service. The subject property is an isolated piece of land located within an urban area and surrounded by golf courses, landscaping, residential and commercial developments, and roadways. Due 4 RESOLUTION NO. 2019-83 to surrounding human activity over many years, the site does not contain features that are suitable for a migratory wildlife corridor. The site is not within or adjacent to a CVMSHCP-designated Conservation Area, has been disturbed, and no CVMSHCP-covered species were found on the property. The implementation of the proposed Project would not conflict with the provisions of an adopted habitat conservation plan, natural community conservation plan, or other related plans. C. GEOLOGY AND SOILS Thresholds: The following significance criteria were not discussed further in the EIR because the Initial Study/Notice of Preparation determined there would be no environmental impacts as a result of the proposed Project: a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. iv) Landslides? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? Finding: No Impact (IS/NOP page 32-35) Explanation: The subject property is not located within or adjacent to an Alquist-Priolo Earthquake Fault Zone. The nearest earthquake fault is the Banning fault of the San Andreas Fault Zone, approximately six miles northeast of the site. The Project site is on the sand ridge portion of the valley floor, which consists of and is surrounded by gently sloping land and relatively flat terrain. The nearest hillsides and mountainous slopes are approximately 3.40 miles southwest of the property. Therefore, no impacts associated with landslides would occur. The Project site is located in an area served by existing sewerage infrastructure, including lines serving the development site. The CVWD Cook Street plant will receive and treat sewage discharged into its collection system. The Project would not require the use of septic tanks or alternative wastewater disposal systems. D. HAZARDS AND HAZARDOUS MATERIALS 5 RESOLUTION NO. 2019-83 Thresholds: The following significance criteria were not discussed further in the EIR because the Initial Study/Notice of Preparation determined there would be no environmental impacts as a result of the proposed Project: c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962,5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area? g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires? Finding: No Impact (IS/NOP page 37-39) Explanation: There is no school located within �/o mile of the Project site. James Earl Carter Elementary School is the nearest public elementary school and is located approximately 1.10 miles south of the proposed site. The Project site is partially developed with an existing parking lot. There are no hazardous materials or waste sites located on or near the Project site. In addition, the proposed site is not included on a list compiled pursuant to Government Code Section 65962.5. The Bermuda Dunes Airport (UDD) is located approximately 4.8 miles east of the subject property. The Project planning area is located well outside the airport planning boundary and operational and navigational hazard area. Therefore, the proposed Project would not result in a safety hazard or excessive noise for people residing or working at the Project site. The Project site is located in the City's urban core, and is not located in a wildland fire hazard zone and is not susceptible to wildfires. Therefore, the Project would not subject people or structures to a significant risk of loss, injury, or death as a result of exposure to wildland fires. E. LAND USE AND PLANNING Threshold: 6 RESOLUTION NO. 2019-83 The following significance criteria were not discussed further in the EIR because the Initial Study/Notice of Preparation determined there would be no environmental impacts as a result of the proposed Project: a) Would the Project physically divide an established community? Finding: No Impact (IS/NOP page 44-45) Explanation: The subject property is currently partially developed with an existing surface parking lot and is located within the Desert Willow Golf Course. The Desert Willow Firecliff Course and Mountain View Course, will not be affected by the proposed Project. The surrounding established communities are physically separate from and operate independently of the proposed Project. The proposed Project will not be physically divided any community. F. MINERAL RESOURCES Thresholds: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Finding: No Impact (IS/NOP page 46) Explanation: The Project site occurs in an urban setting and is not designated for mineral resource extraction so it would not result in the Toss of availability of a mineral resource or a mineral resource recovery site. G. NOISE The following significance criteria were not discussed further in the EIR because the Initial Study/Notice of Preparation determined there would be no environmental impacts as a result of the proposed Project: c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? Finding: No Impact (IS/NOP page 47-48) Explanation: RESOLUTION NO. 2019-83 The Project site is located approximately five miles west of the Bermuda Dunes Airport (UDD) and is well outside existing and modeled future airport noise contours. H. POPULATION AND HOUSING Threshold: The following significance criteria were not discussed further in the EIR because the Initial Study/Notice of Preparation determined there would be no environmental impacts as a result of the proposed Project: b) Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere? Finding: No Impact (IS/NOP page 49-50) Explanation: The subject property is largely vacant, with the exception of a portion of the clubhouse parking lot, and the proposed Project would not displace any existing housing. The development of the Project would also not cause the displacement of any persons or require the construction of housing elsewhere. ONO I. RECREATION ,.,. Thresholds: a) Would the Project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the Project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Finding: No Impact (IS/NOP page 54) Explanation: The primary Project uses that might generate a demand for City recreation facilities would be residents associated with the proposed 88 villa residences. To a lesser degree hotel and surf park guests may also make use of some City recreational facilities. The proposed villas could generate an estimated permanent population of 190 residents, depending on how they are sold and occupied. The proposed villas and the hotel(s) will include their own onsite recreational amenities including swimming pools, gymnasium and event spaces. Hotel guests can be expected to utilize onsite recreational amenities as well as local and regional recreational facilities. In the overall, and in light of the planned on -site recreational facilities associated with the proposed Project, it will not induce substantial population growth that would result in significant impacts to existing neighborhood and regional parks or other 8 RESOLUTION NO. 2019-83 recreational facilities. J. WILDFIRES Thresholds: a) Substantially impair an adopted emergency response plan or emergency evacuation plan? b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post -fire slope instability, or drainage changes? Finding: No Impact (IS/NOP page 65-63) Explanation: The primary emergency evacuation routes in the City include 1-10, Highway 111, Monterey Avenue, Portola Avenue, Cook Street, and Washington Street. Development on the subject property would not substantially impair the City's adopted emergency response plan or Palm Deserts' emergency evacuation plan as the project is not proposing to amend these routes to impede the emergency evacuation. The project site is not located within a wildfire hazard severity zone nor a wildland-urban interface (WUI). The project is located in the urban core of the City, and miles from an area of wildland fire potential. The implementation of the proposed Project would not expose people or structures to significant risks such as downslope or downstream flooding or landslides, post -fire slope instability, or drainage changes because the site is in the City's urban core, and miles from surrounding mountain slopes. 9 RESOLUTION NO. 2019-83 SECTION 4: FINDINGS REGARDING LESS THAN SIGNIFICANT IMPACTS NOT REQUIRING MITIGATION. Consistent with Public Resources Code Section 21002.1 and Section 15128 of the State CEQA Guidelines, the EIR focused its analysis on potentially significant impacts, and limited discussion of other impacts for which it can be seen with certainty there is no potential for significant adverse environmental impacts. State CEQA Guidelines section 15091 does not require specific findings to address environmental effects that an EIR identifies as "no impact" or a "less than significant" impact. Nevertheless, the City Council hereby finds that the Project would have either no impact or a less than significant impact on the following resource areas. A. AESTHETICS 1. Scenic Vistas Threshold: a) Would the Project have a substantial adverse effect on a scenic vista? Finding: Less than significant impact. (EIR, p. 2.2-4 through 2.2-20) Explanation: Surf Lagoon and Surf Center Construction of the Surf Lagoon and Surf Center will require the use of heavy equipment which has the potential to impact views from surrounding uses, including the golf course, Westin Desert Willow, and residents of the Montecito and Retreat developments. Construction impacts will be limited by distance, grade, and occur only while construction is active. These limited view impacts will stop when construction is complete and are therefore less than significant. Building heights within the Surf Center complex will be limited to a maximum of 2 stories with the tallest building at 42± feet, although the Specific Plan allows a maximum height of 50 feet for the surf center. These building heights are consistent with the Desert Willow Golf Course Clubhouse to the north, and other nearby resort development, including the two- to four-story Westin Desert Willow villas to the immediate west and southwest. In general, the site plan preserves the most prominent scenic views of the Santa Rosa Mountains to the south. Most of the golf course lies further north, east, and south of the Project, and the Project will have no impact on mountain views from those locations, and therefore no impact on views from most of the golf course. The proposed building sizes are relatively small in the context of the golf course fairways, and views through the site, between the surf center and equipment buildings, will be generally unaffected, as the lagoon will be low-lying. Overall, impacts will be limited by distance and grade, which reduces the potential impacts to scenic vistas to less than significant levels. Hotels and Villas Construction of the hotel(s) and villas will require the use of heavy equipment which has the potential to impact views from surrounding uses. Short term views from the golf course areas 10 RESOLUTION NO. 2019-83 located immediately north and south may be impacted by heavy equipment and construction activities. However, as golf course viewers move through the area, they will be impacted for short periods and will move on to other areas of the course. Construction of the hotel and villa buildings will occur in close proximity to the Westin Desert Willow on its eastern boundary. The Westin's guests immediately adjacent to the Project site, and in third or fourth story units, will view the construction activities to the east. Buildings planned adjacent to these existing units will be one- and two-story spa and villas, with the hotel buildings occurring beyond. The Westin guests will experience obstruction of low range views to the east, but will still see views of the mountain peaks above. These limited view impacts will stop when construction is complete, and are therefore less than significant. The Project Specific Plan allows the hotel building(s) to have a maximum height of 50 feet and are envisioned as 3- and 4-story buildings, and the villas are envisioned as 2-story units. These heights are consistent with the proposed surf center, Desert Willow Golf Course clubhouse to the north, and Westin Desert Willow villas to the west. Views to the north, of the San Bernardino Mountains, will be reduced as regards the foothills, but the peaks and the extent of the range will still be visible above the hotel and villa buildings Similar to the Surf Lagoon and Surf Center, overall impacts will be limited by distance and grade, which reduces the potential impacts to scenic vistas to less than significant levels. Off -site Improvements Construction of off -site improvements will be temporary, and impacts are expected to be less than significant. Stormwater Management: Stormwater management infrastructure will be underground and will have no impact on a scenic vista. Pool/Lagoon Discharge: Pool/lagoon discharge infrastructure will be underground and will have no impact on a scenic vista. Golf Course Turf Reduction: Removal of golf course turf and installation of desert landscaping materials will have a Tess than significant impact on scenic vistas. New vegetation will be similar in height, scale, and density to existing golf course landscaping and will not block views of the mountains. Landscaping Improvements: Desert landscaping along the edge of the Project site will have a Tess than significant impact on scenic vistas. Vegetation will be similar in height, scale, and density to existing landscaping in the Project area and will not block views of the mountains. Overflow Parking: The overflow parking lot will be paved and improved to City standards. New lighting fixtures and trees will be evenly spaced throughout the site and will not block views of the mountains. Impacts will be less than significant. 2. Scenic Resources Threshold: b) Would the Project substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? 11 RESOLUTION NO. 2019-83 Finding: No impact. (EIR, pp. 2.2-20 and 2.2-21) Explanation: The Project site is not located adjacent to a state scenic highway and does not contain scenic resources. There will be no impact resulting from development of the surf lagoon and surf center, the hotels and villas, or off -site improvements. 3. Existing Visual Character Threshold: c) In non -urbanized areas, would the Project substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? Finding: No impact. (EIR, pp. 2.2-21 and 2.2-25) Explanation: Surf Lagoon and Surf Center The development of the lagoon and surf center would have short-term impacts on the visual character of the site due to the presence of heavy equipment and related construction activities. However, the views from the surrounding golf course of construction equipment will end once construction is complete, and will not permanently impact scenic quality. Impacts will be less than significant. The Project is consistent with the visual character and scenic quality of the area, which is characterized by resort development, native and drought -tolerant landscaping, and architectural themes, materials, and colors that complement the desert environment. It will not conflict with City policies preserving signature view corridors or scenic roadways. Visual impacts are reduced via site planning, grade differences, and relative distances from surrounding land uses. Impacts to visual character and public views will be Tess than significant. Hotels and Villas The development of the hotel and villas components of the Project would have short-term impacts on the visual character of the site due to the presence of heavy equipment and related construction activities. The views from the surrounding golf course of construction equipment will end once construction is complete, and will not permanently impact scenic quality. Impacts will be less than significant. The hotel and villas portion of the Project will be subject to the Specific Plan regulations, and the City's Municipal Code. It will be consistent with the prevailing desert-themed architectural styles of other hotel and resort development in the region. The hotel and villas will not conflict with applicable zoning or other regulations governing scenic quality, including those aimed at preserving view corridors, scenic roadways, and night skies. Impacts will be Tess than significant. 12 RESOLUTION NO. 2019-83 Off -site Improvements The construction of the off -site infrastructure for the Project would have short-term impacts on the visual character of portions of the golf course due to the presence of heavy equipment, trenching and similar activities. The views from the surrounding golf course of construction equipment will end once infrastructure facilities are complete, and will not permanently impact scenic quality. Impacts will be less than significant. Stormwater Management: Stormwater infrastructure will be buried underground and will have no impact on visual character or regulations governing scenic quality. Pool/Lagoon Discharge: Pool/lagoon discharge infrastructure will be buried underground and will have no impact on visual character or regulations governing scenic quality. Golf Course Turf Reduction: The replacement of golf course turf with desert landscaping will have no impact on visual character or regulations governing scenic quality. Landscaping Improvements: Installation of desert landscaping along the edge of the Project site will be consistent with and a continuation of existing desert landscaping in the Project area. No impact will occur. Overflow Parking: The overflow parking lot has already been disturbed by vehicle use and is consistent with existing parking lots to the south and southeast. Paving and improvement of the lot will have no impact on visual character or regulations governing scenic quality. B. AIR QUALITY 1. Conflict with Air Quality Plan Threshold: a) Would the Project conflict with or obstruct implementation of the applicable air quality plan? Finding: No impact. (EIR, pp. 2.3-12 and -13) Explanation: Under CEQA, a significant air quality impact could occur if the Project is not consistent with the applicable Air Quality Management Plan (AQMP) or would obstruct the implementation of the policies or hinder reaching the goals of that plan. The 2016 AQMP is based in part on the land use plans of local jurisdictions, including the City of Palm Desert's General Plan. The proposed Project site is designated as Resort and Entertainment District on the City's General Plan Land Use Map and the proposed Project is consistent with the land use designation. Therefore, it is expected that the proposed Project (including the surf lagoon and surf center, hotel and villas, and off -site improvements) will result in emissions consistent with those anticipated in the 2016 AQMP. The proposed Project would be implemented in accordance with all applicable air quality management plans to ensure impacts to air quality are reduced to the greatest extent possible. The proposed Project is consistent with the assumptions underlying the AQMP and will not conflict with or obstruct implementation of the applicable air quality plan. No impact is anticipated. 13 RESOLUTION NO. 2019-83 2. Expose Sensitive Receptors to Substantial Pollutant Concentrations Threshold: d) Would the Project expose sensitive receptors to substantial pollutant concentrations? Finding: Less than significant impact. (EIR, p. 2.3-19) Explanation: The nearest sensitive receptors to the proposed Project are resort residences approximately 150 feet to the west, in the Westin Desert Willow villas project. Results of the Localized Significance Threshold (LST) analysis conclude that thresholds are not expected to be exceeded for any criteria pollutant during construction of the Surf Lagoon and Surf Center, the Hotel and Villas, or off -site improvements (EIR Table 2.3-8, page 2.3- 19). Because the proposed land uses do not include major stationary polluters (such as a landfill, chemical plant, oil field, refineries etc.), LST analysis was not conducted or required for Project operation. Therefore, impacts to sensitive receptors will be less than significant. 3. Objectionable Odors Threshold: e) Would the Project result in other emissions (such as those leading to odors) adversely affecting a substantial number of people? Finding: Less than significant impact. (EIR, pp. 2.3-20) Explanation: The proposed Project has the potential to result in short-term odors associated with operation of heavy equipment during construction, however construction -related odors would be temporary and quickly dispersed below detectable levels as distance from the construction area increases. During Project operation, odors may be emitted from onsite restaurants and food service facilities; however, all facilities would be equipped with proper ventilation systems to effectively remove grease, smoke, and other odors. Impacts associated with odors will be less than significant. The Project (including the Surf Center and Surf Lagoon, Hotel and Villas, and off -site improvements) is not expected to result in odor emissions adversely affecting a substantial number of people. C. CULTURAL AND TRIBAL RESOURCES 1. Historical Resources Threshold: a) Would the Project cause a substantial adverse change in the significance of a historical resource as defined in § 15064.5? Finding: No impact. (EIR, p. 2.5-12 and -13) 14 RESOLUTION NO. 2019-83 Explanation: As described in Section 2.5.5 of the EIR, the subject property once contained two "jackrabbit homestead" structures built between 1952 and 1960; however, they were not formally recorded as historic structures, and no remnants of them were found during the 2018 cultural resources field survey. No other historical structures exist onsite, and the site is not designated as a local historic landmark or property. Development of the surf lagoon and surf center, hotels and villas, and off -site improvements will have no impact on historic resources. 2. Tribal Cultural Resources Threshold: a) Would the Project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code Section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American Tribe, and that is listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k)? Finding: No Impact (EIR, p. 2.5-15 and -16) Explanation: The proposed Project (including the surf lagoon and surf center, hotels and villas, and off -site improvements) will not impact a tribal historic resource that is eligible for listing in the California Register of Historical Resources or in a local register of historical resources because none occur onsite. As explained in Section 2.5.6.a of the EIR, the site - specific cultural resources survey determined that the Project site contains no historical resources. The proposed Project area is not identified by the City of Palm Desert as a historic site or landmark. No impact will occur. D. ENERGY 1. Energy Consumption Threshold: a) Would the Project result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? Finding: Less than significant (EIR, p. 2.6-10 through -15) Explanation: During Project construction, energy would be consumed in petroleum -based fuels for equipment, electricity associated with water conveyance and site lighting, and energy used in the production of construction materials. Overall, construction impacts associated with the surf lagoon, surf center, hotels, villas, and off -site improvements would be temporary, minimal and would not be wasteful or inefficient. During operation of the Project, energy would be consumed for heating/ventilating/air conditioning (HVAC), refrigeration, lighting, electronics, office equipment, residential and 15 RESOLUTION NO. 2019-83 commercial machinery (including kitchen appliances), and swimming pool operations, including wave generation at the surf lagoon. Energy would also be consumed for water pumping, solid waste disposal, and vehicle trips. Surf Lagoon, Surf Center, Hotels and Villas Operation of these land uses would consume approximately 21,711,725 kWh per year of electricity, and 331,811 therms per year of natural gas, which represents a 2.87 percent increase in annual City-wide kWh usage and 1.89 percent increase in annual City-wide therm usage. The Project proposes the installation of solar panels onsite which could generate an estimated 1,700,000 kWh per year. Operation of the solar panels will offset the Project's electrical demand, thereby reducing it to approximately 20,011,725 kWh per year, which represents approximately 2.64 percent of the City's total annual electricity demand. Adherence to California Building Code and Energy Code standards will ensure the most energy efficient technologies and practices are used for the development and operation of the Project. The Project will not result in wasteful, inefficient, or unnecessary consumption of electricity or natural gas energy resources during project operation. Impacts are less than significant. With regard to transportation energy, the Project would result in the consumption of petroleum -based fuels related to vehicular travel to and from the Project site. The Project could potentially generate 12,213,217 VMTs. This represents a 2.4 percent increase in City- wide VMTs. It should be noted that VMTs are regional in nature, and that not all Project VMTs will occur solely within the City's boundaries. The EPA and CARB continue to require increased vehicle fuel efficiency standards to reduce vehicle emissions. Increased fuel efficiency also means that Tess fuel energy is required per mile traveled. Although the Project will result in a direct increase in VMTs, the Project will not interfere with increased fuel efficiency standards and will not result in wasteful, inefficient, or unnecessary consumption of transportation energy resources during operation. Impacts are less than significant. Off -site Improvements Offsite improvements are limited to utility infrastructure expansions, offsite parking, and landscaping improvements. Such improvements will not generate an operational demand for electricity, natural gas, or transportation energy, and will therefore have no impact on energy supplies. 2. Energy Efficiency Compliance Threshold: b) Will the Project conflict with or obstruct a state or local plan for renewable energy or energy efficiency? Finding: No impact (EIR, p. 2.6-15) Explanation: All aspects of the Project (including the surf lagoon, surf center, hotels, villas, and off -site improvements) would be designed, built and operated in accordance with all 16 RESOLUTION NO. 2019-83 existing, applicable regulations that would serve to reduce the energy demand of the Project and avoid conflict with any applicable energy standards, including energy conservation standards. Such regulations and standards include the 2016 Building Code, California Green Building Code, and 2019 Energy Code to ensure the most efficient construction/building technologies are used, which will benefit overall building operations. Adherence to the applicable state standards enforced by the City will ensure the project is consistent with current energy standards and conservation goals. Therefore, no impact related to compliance with applicable energy standards would result. E. GEOLOGY AND SOILS 1. Expansive Soils Threshold: d) Would the Project be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property? Finding: Less than significant (EIR, p. 2.7-20 and -21) Explanation: The site -specific geotechnical report determined that onsite soils consist of silty sand which has a very low expansion potential; therefore, Project impacts (including the surf lagoon, surf center, hotels, villas, and off -site improvements) would be less than significant. F. HAZARDS AND HAZARDOUS MATERIALS Threshold: a) Would the Project create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Would the Project create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Finding: Less than significant (EIR, p. 2.9-9 through -11) Explanation: Surf Lagoon, Surf Center, Hotels and Villas Construction of the surf lagoon, surf center, hotel and villas would involve the temporary use of potentially hazardous materials, including vehicle fuels, paints, oils, and transmission fluids. However, all potentially hazardous materials would be contained, stored, and used in accordance with the manufacturers' instructions and handled in compliance with applicable federal, State, and local regulations. Any associated risk would be adequately reduced to a less than significant level through compliance with these standards and regulations. 17 RESOLUTION NO. 2019-83 Operation would involve use of limited quantities of hazardous materials such as cleaning and degreasing solvents, fertilizers, pesticides, and similar materials. The surf lagoon would use basic cleaning equipment and chemicals to maintain the pH levels for surfers. These chemicals will be transported and stored within the project site. These will occur in limited quantities and will not require a hazardous material handling/storage permit. The manner in which commercial chemicals are stored and handled is highly regulated by the Fire Department, County and State. These standard requirements will assure that impacts associated with commercial quantities of chemicals will be Tess than significant. Off -Site Improvements The proposed off -site improvements are limited to underground utility extensions, stormwater management, landscaping, and parking. These activities and land uses will not require the routine transport, use, or disposal of hazardous materials. This portion of the Project will not create a significant hazard to the public or environment. There will be no impacts. G. HYDROLOGY AND WATER QUALITY Threshold: d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? Finding: Less than significant (EIR, p. 2.10-31 and -32) Explanation: Surf Lagoon, Surf Center, Hotel, Villas, and Off -site Improvements The Project site is not located close to a large body of water, tidal or otherwise, that could result in inundation by seiche or tsunami. The proposed Project site is not in a flood hazard or tsunami inundation zone and would not be subject to inundation by a flood or tsunami. The surf lagoon would be a reinforced concrete structure designed to contain any seismically - induced oscillations within the lagoon without any structural damage to result in spill over or release of pollutants. Less than significant impact is anticipated. H. LAND USE AND PLANNING Threshold: b) Would the Project cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? Finding: Less than significant (EIR, p. 2.11-11 through -23) Explanation: Surf Lagoon and Surf Center All lands adjacent to the site are currently designated as Resort and Entertainment and developed as golf course except the Westin Desert Willow Villas to the southwest of the site. 18 RESOLUTION NO. 2019-83 The Surf Lagoon and Surf Center are proposing a mix of entertainment, recreation and commercial uses consistent with those described in the General Plan, including the surf lagoon, pools, recreational activities, restaurants, bars, and event space for live music and other entertainment activities. The Project site is appropriate for mixed used development of the type proposed. Therefore, the proposed plans for the Surf Lagoon and Surf Center are consistent with the City's General Plan. The design, and development standards of the proposed Surf Lagoon Planning Area will be regulated through the Specific Plan and a Precise Plan based on City Municipal Code Section 25.72.030 (Precise Plan). The Surf Lagoon Planning Area was designed in accordance with the proposed Specific Plan and is therefore consistent with the Municipal Code and zoning standards. A Precise Plan further defines and implements the goals and objectives of the Specific Plan by providing specific designs and plans that ultimately regulate the construction of the Project. The site is not within or adjacent to a CVMSHCP-designated Conservation Area; thus, the implementation of the proposed Project would not conflict with the provisions of an adopted habitat conservation plan, natural community conservation plan, or other related plans designed to avoid an environmental impact. Hotels and Villas The Project proposes resort residential development comparable to that permitted elsewhere within the Desert Willow development. The proposed hotel(s) will also be consistent with the other hotels in the surrounding area, and is consistent with the hotels proposed for Planning Area 10 of the North Sphere Specific Plan, which established the Desert Willow project. Therefore, the proposed land use plans for the Hotels and Villas are consistent with the City's General Plan. The design, and development standards of the proposed Hotels and Villas Planning Area will be regulated through the Specific Plan. A Precise Plan for the Hotels and Villas Planning area shall be submitted to the City for review per City Municipal Code Section 25.72.030. The City shall review the Precise Plan for consistency with the Specific Plan to ensure the Hotels and Villas Planning area development is consistent with the Municipal Code and zoning standards. The site is not within or adjacent to a CVMSHCP-designated Conservation Area; thus, the implementation of the proposed Project would not conflict with the provisions of an adopted habitat conservation plan, natural community conservation plan, or other related plans designed to avoid an environmental impact. Off -Site Improvements With the exception of off -site parking, other off -site improvements will not result in a land use change and will not involve zoning. The off -site parking improvements (overflow parking) will occur on lands owned by the City and currently used as additional parking. Off -site improvements are consistent with General Plan land uses and the City's Municipal Code. 19 RESOLUTION NO. 2019-83 The site is not within or adjacent to a CVMSHCP-designated Conservation Area; thus, the implementation of the proposed Project would not conflict with the provisions of an adopted habitat conservation plan, natural community conservation plan, or other related plans designed to avoid an environmental impact. I. NOISE 1. Ambient Noise Levels Threshold: a) Would the Project result in generation of substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Finding: Less than significant (EIR, p. 2.12-13 through -28) Explanation: Surf Lagoon and Surf Center Construction of the proposed Project would require the use of heavy equipment for Project site preparation/excavation, installation of new utilities, and building construction. Development activities would involve the use of smaller power tools, generators, and other sources of noise. The highest construction noise levels will be perceived at receiver location R2 during grading which could reach up to 68.4 dBA Leq at 90 feet. These noise levels would reduce with distance from the construction site at a rate of approximately 6 dB(A) per doubling of distance. As shown in Table 2.12-13 of the EIR (p.2.12-20), Unmitigated Construction Equipment Noise Level Summary, the maximum unmitigated construction noise level will range from approximately 28.5 dBA to 68.4 dBA Leq at the receiver locations. Construction activities will not exceed the NIOSH standard, and will be Tess than significant. The dominant noise sources attributable to the lagoon and surf center are the wave generating machine and special events outdoor activities. Based on the analysis described in the EIR, noise levels of 83.6 and 66.8 dBA at 50 feet would attenuate to 49.2 dBA Leq at the closest sensitive receiver, R2. None of the project components is expected to exceed the City's exterior noise level standards for either daytime or nighttime conditions at any of the sensitive receivers. Therefore, impacts would be Tess than significant. Hotel and Villas The highest construction noise levels will be perceived at receiver location R2 during grading which could reach up to 68.4 dBA Leq at 90 feet. These noise levels would reduce with distance from the construction site at a rate of approximately 6 dB(A) per doubling of distance. As shown in Table 2.12-13 of the EIR (p.2.12-20), Unmitigated Construction Equipment Noise Level Summary, the maximum unmitigated construction noise level will range from approximately 28.5 dBA to 68.4 dBA Leq at the receiver locations. Construction activities will not exceed the NIOSH standard, and will be less than significant. 20 RESOLUTION NO. 2019-83 The dominant noise sources in this planning area would be vehicular traffic accessing the site, grounds maintenance equipment, heating, ventilation and air conditioning (HVAC) units, and outdoor swimming pool/spa activities which could reach up to 57.8 dBA Leg at 50 feet. Based on the project's noise impact analysis, the City's noise standards allow outdoor noise levels of 65 and 55 dBA CNEL in the commercial area during the day and night times, respectively. None of the project components is expected to exceed the City's exterior noise level standards for either daytime and nighttime hours. Therefore, impacts would be less than significant. Off -site Improvements Construction activities associated with off -site improvements would generate temporary noise for trenching, excavation, turf removal, landscaping, and paving. These noise levels would not be expected to be any greater than the noise levels generated by Project construction. As demonstrated above, Project construction noise levels will be less than significant at all the closest sensitive receptors. Therefore, construction of off -site improvements would also result in Tess than significant noise impacts. Once off -site improvements are completed, with the exception of off -site parking, no noise would be generated. At buildout, the off -site parking lot will be used to accommodate vehicles off -site during special events where the main noise source would be vehicular traffic. As shown in Table 2.12-5 in the EIR, Reference Noise Level Measurements, parking lot activities can be expected to generate noise levels of 50.0 dBA at 50 feet. Since the off -site parking area is located adjacent to commercial development, this noise level will be less than significant, based on the City's noise thresholds. 2. Groundborne Vibration and Noise Levels Threshold: b) Would the Project result in generation of excessive groundborne vibration or groundborne noise levels? Finding: Less than significant (EIR, p. 2.12-29 through -31) Explanation: Surf Lagoon, Surf Center, Hotel, Villas, and Off -site Improvements Construction activities such as grading activities, construction equipment and trucks hauling project materials would have the potential to generate low levels of ground -borne vibration within the Project area. As shown in Table 2.12-17 of the EIR (p. 2.12-19), construction vibration velocities would reach up to 0.009 inches per second RMS. The threshold for construction vibration velocity in Riverside County is 0.01 inches per second RMS. Construction vibration velocities at all six receiver locations would be below the threshold and therefore are considered less than significant. According to the Federal Transit Administration (FTA), construction vibration levels ranging from 0.12 to 0.5 inches per second PPV are damaging for buildings. Project -related construction vibration levels would reach up to 0.013 inches per second PPV, which is below the 0.12 inches per second PPV. Therefore, a Tess than significant impact is anticipated. 21 RESOLUTION NO. 2019-83 At buildout, no operational components of the proposed Project include significant groundborne noise or vibration sources and no significant vibrations sources currently exist, or are planned, in the Project area. Thus, no significant groundborne noise or vibration impacts would occur with the operation of the proposed Project. J. POPULATION AND HOUSING Threshold: a) Would the Project induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? Finding: Less than significant (EIR, p 2.13-4 and -5) Explanation: Surf Lagoon and Surf Center The surf center and lagoon will generate a variety of new jobs, including retail, restaurant service jobs, recreational instructors and emergency personnel. However, on -site employment opportunities are expected to be filled by people already living in the valley, or those moving to the valley as part of expected population growth; therefore, impacts associated with new employment opportunities associated with the proposed Project are expected to be minor and Tess than significant. Development of the Surf Lagoon Planning Area will not require the expansion, extension or construction of new public streets or utilities that would indirectly induce population growth because all infrastructure required to serve the Project exists adjacent to the Project. Impacts will be Tess than significant. Hotels and Villas The Hotels and Villas will generate new jobs. However, on -site employment opportunities are expected to be filled by people already living in the valley, or those moving to the valley as part of expected population growth; therefore, impacts associated with new employment opportunities associated with the proposed Project are expected to be minor and Tess than significant. Although timeshares and/or hotel -serviced villas are anticipated, the Specific Plan also allows for single-family housing units. Given the city's average household size of 2.17 persons', 88 new residential villas of the Project could potentially increase the permanent population by approximately 191 persons. This represents 0.3°I0 of the City's anticipated 2040 population of 61,700, which would have a less than significant impact on the overall population of the area. "Report E-5 Population and Housing Estimates for Cities, Counties and the State, January 1, 2011- 2018, with a 2010 Benchmark," California Department of Finance, released May 1, 2018. 22 RESOLUTION NO. 2019-83 Development of the Hotels and Villas Planning Area will not require the expansion, extension or construction of new public streets or utilities that would indirectly induce population growth because all infrastructure required to serve the Project exists adjacent to the Project. Impacts will be less than significant. Off -Site Improvements Off -site improvements include stormwater management, pool/lagoon discharge, golf course turf reduction, landscaping improvements, overflow parking, and soil removal/storage. These activities will not induce population growth either directly or indirectly, and therefore there will be no impacts. K. PUBLIC SERVICES Threshold: a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: • Schools • Parks • Other public facilities Finding: Less than significant (EIR, p. 2.14-11 through -14) Explanation: Schools Surf Lagoon and Surf Center This component of the proposed Project will not generate permanent population and, therefore, will have no impact on schools. The Project will, however, be required to pay the mandated school mitigation fees imposed by the State for commercial construction. Based on Section §65996 of the California Government Code, the payment of such fees is deemed to fully mitigate the impacts of new development on school services. Therefore, with payment of these required developer fees, Project impacts to school services would be Tess than significant. 23 RESOLUTION NO. 2019-83 Hotel and Villas The demand for new or expanded school facilities and services is determined by permanent increases to the local population. The Project would result in development of 88 villas and a hotel(s) facility. The nature of the villas has not been determined, and they could be either hotel -related resort units occupied by tourists, or permanent housing units. At buildout, the villas could introduce approximately 191 new residents to the Project site.2 Based on DSUSD student generation rates, the Project has the potential to generate approximately 31 kindergarten through twelfth grade students, if the villas are occupied by permanent residents. This is a conservative estimate based on the Project's 88 new villas being occupied by families with children residing on the project site on a fulltime, year-round basis. In actuality, these units are likely to be occupied on a temporary basis by individuals and families during vacations. Nonetheless, the potential student increase represents Tess than 1 % of DSUSD's current student body. The hotel(s) and villas will, like the surf center, be required to pay the State mandated school mitigation fee. Based on Section §65996 of the California Government Code, the payment of such fees is deemed to fully mitigate the impacts of new development on school services. Therefore, with payment of these required developer fees, Project impacts to school services would be Tess than significant, and no mitigation measures are required. Off -site Improvements None of the off -site improvements would generate permanent population and, therefore, will have no impact on schools. These components of the Project will not increase the student population and there will be no impact. Parks Surf Lagoon and Surf Center The proposed surf lagoon is expected to be the primary attraction for Project patrons and guests. Some visitors may attend events and undertake activities at local parks however, such visits are expected to be minimal and are not expected to require new or expanded park facilities that could result in adverse environmental impacts. Project -related impacts to parks will be Tess than significant. Hotel and Villas The Project proposes resort hotel and residential uses, outdoor use areas, and multiple options for recreational amenities, including lounges, swimming pools, a spa/wellness center, and a surf lagoon. In addition, the Project will be located within the Desert Willow golf course, providing additional recreational opportunities. The Project's proposed recreational amenities, in conjunction with the City's current parks and recreational facilities and the collection of Developer Impact Fees (DIFs) that support the City's park and recreation fund (as required by City's Municipal Code 25.40.1303), would be adequate to accommodate the Project's demand for parks and recreational services. 2 3 24 "Report E-5 Population and Housing Estimates for Cities, Counties and the State, January 1, 2011- 2018, with a 2010 Benchmark," California Department of Finance, released May 1, 2018. Palm Desert Municipal Code 25.40.130 (Required Park Dedication Fees). No building permit shall be issued for any new development until the use established is in compliance with all applicable A foie RESOLUTION NO. 2019-83 The Project could increase the usage of local parks and recreational facilities. However, the Project's other component, the surf lagoon, is expected to be the main recreational attraction; use of local parks and recreational facilities is expected to be secondary and minimal. Therefore, Project impacts to parks would be less than significant. Off -site Improvements None of the off -site improvements would_generate demand for park services and, therefore, no impact is anticipated. Other Public Facilities The Project's recreational facilities, particularly the surf lagoon, are expected to be the primary attraction for Project patrons and guests. Some visitors may attend the local library, museums, or other attractions, and some may require medical services at local hospitals. However, such visits are expected to be minimal and are not expected to require new or expanded facilities that could result in adverse environmental impacts. Project -related impacts to other public facilities will be less than significant, and no mitigation measures are required. L. TRAFFIC AND TRANSPORTATION 1. Vehicle Miles Traveled Threshold: b) Would the Project conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)? Finding: Less than significant (EIR, p. 2.15-24 through -28) Explanation: CEQA Guidelines Section 15064.3, as amended December 2018, states that vehicle miles traveled (VMT) is the most appropriate measure of transportation impacts. A lead agency may use models or other methods to analyze a project's VMT quantitatively or qualitatively. For land use projects, such as the proposed DSRT SURF Project, "projects within one-half mile of either an existing major transit stop or a stop along an existing high -quality transit corridor should be presumed to cause a less than significant transportation impact. Projects that decrease vehicle miles traveled in the project area compared to existing conditions should be considered to have a less than significant transportation impact." Surf Lagoon, Surf Center, Hotel and Villas Construction: The CaIEEMod software used to calculate air emissions considers construction -related vehicle emissions from vendor deliveries, use of construction equipment, regulations of the City's local park dedication or payment of fees in lieu thereof requirement, as provided by the Subdivision Ordinance. (Ord. 1259 § 1, 2013). 25 RESOLUTION NO. 2019-83 and worker commutes. Based on Project -specific construction details, it is estimated that total worker trips would result in 6,578 VMT, vendor trips would result in 967 VMT, and hauling trips would result in 32,188 VMT. CalEEMod does not generate VMT for construction equipment, however air quality impacts associated with construction equipment are captured and analyzed in Section 2.3, Air Quality, of the EIR. Potential impacts associated with haul trucks are further discussed below (see Off -Site Improvements, Soil Removal/Storage). Operations: The TIA estimated the proposed Project's trip generation using trip generation rates provided in the Institute of Transportation Engineers (ITE) Trip Generation Manual (10th edition, 2017) for the hotel, villas, and retail portions of the Project. The ITE Manual does not include trip generation rates for a surf lagoon, so trip generation for the lagoon was based on assumptions about the anticipated number of guests and vehicle occupancy. Two trip generation estimates were prepared — one for typical operation, and one for special events. The Project would generate a combined total of 5,496 weekday daily trips under typical operation, and 7,288 weekend daily trips during special events. During typical operation, it is anticipated that many surf lagoon guests will be those staying at the Project's hotel/villa component and other resort projects within Desert Willow; local residents and visitors already in the area for other attractions may also attend. The Project is centrally located in the Coachella Valley; vehicles traveling from the furthest points of the valley from the Project site would travel approximately 15 miles to the Project, while those in the denser population centers would travel 10 miles or less. During special events, spectators could travel from areas outside the Coachella Valley; western Riverside County and Los Angeles, for example, are 60 miles and 100 miles from the Project site, respectively. For analysis purposes, it was assumed that the average distance traveled per trip was 25 miles, resulting in an annual VMT of 12,213,217 under typical operation and 16,511,125 when accounting for special events. Additionally, the Project site is 1/2-mile west of Sunline Transit Agency's Bus Lines 20 and 21 which travel along Cook Street (see TIA Exhibit 3-8 in Appendix H of the EIR). Line 21 connects northern Palm Desert (Cook Street and Gerald Ford Drive) with the Highway 111 commercial corridor in Palm Desert (Town Center Way). Line 20 follows the same route but extends further to Desert Hot Springs via 1-10. The two closest bus stops are at Cook Street/Country Club Drive and Cook Street/Frank Sinatra Drive. Lines 20 and 21 connect to other Sunline routes serving the Coachella Valley. The Project's central location and proximity to arterials, 1-10, and established transit routes are expected to reduce the amount of driving required to access the Project. Impacts will be less than significant. Off -Site Improvements Installation of off -site stormwater infrastructure, pool/lagoon discharge, turf reduction and landscaping improvements will involve the operation of construction vehicles, but they will be largely contained onsite and will not travel on area roadways. After construction is complete, off -site improvements will not generate any vehicle trips. Construction vehicles involved in the off -site parking lot will be contained onsite and generally will not travel on area roadways. Once operational, the overflow parking lot will not generate 26 RESOLUTION NO. 2019-83 trips or impact VMT, because it will be used to accommodate vehicles already accessing the site during special events. Soil Removal/Storage: During construction, an estimated 12,875 haul trips (equivalence)4 will transport excess soils to either: 1) vacant land on the Desert Willow Golf Course, Tess than 1/4 mile from the Project site, or 2) along Cook Street to the Classic Club 21/2 miles to the north. For conservative analysis, it was assumed that all excess soil will be hauled to the Classic Club, resulting in approximately 32,188 VMT. Once construction is complete, this Project component would generate no VMT. Impacts would be less than significant. 2. Design Hazards Threshold: c) Would the Project substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Finding: Less than significant (EIR, p. 2.15-28 and -29) Explanation: Surf Lagoon, Surf Center, Hotel and Villas Primary access to the surf lagoon, surf center, hotel, and villas will be provided at two access points on Desert Willow Drive, and emergency access will be provided via a gated access point on Willow Ridge. An internal road will be used to access onsite facilities and parking. No roads, intersections, or design features are proposed that would increase hazards. Construction vehicles using Desert Willow Drive and/or Willow Ridge to access the site could inconvenience passenger vehicles on those roads; however, their presence would be only temporary (limited to the construction phase), would be managed through the City's requirements for construction management planning, and would not increase hazards. During Tong -term operation, vehicles accessing the site will be similar to those accessing the adjacent golf course. No impact would occur. Off -Site Improvements Installation of off -site stormwater infrastructure, pool/lagoon discharge, turf reduction and landscaping improvements will involve the operation of construction vehicles which will be largely contained onsite and will not increase traffic hazards. Once operational, these components will have no impact on traffic -related hazards. 4 CaIEEMod generates the number of "haul trips" and associated hauling emissions based on the quantity/weight of material being hauled and the distance to the haul site. The number of haul trips generated in CaIEEMod provides an equivalent emissions projection based on haul Toad assumptions programmed into the software. Based on project haul data, CaIEEMod assumes that the project will require 12,875 material haul trips. It is assumed that an average haul load is 20 tons (or 16 cubic yards). 27 RESOLUTION NO. 2019-83 Improvement of the overflow parking lot will not increase hazards due to dangerous features or incompatible uses. During standard operations, the lot will remain vacant. During special events, the vehicle mix will be compatible with other vehicles on area roadways. No impact will occur. During construction, excavated soils will be removed and hauled to either a vacant site within Desert Willow Golf Course or a material storage site adjacent to the Classic Club 2.5 miles to the north. The presence of construction vehicles on area roadways may be a temporary nuisance but will not increase hazards. Haul trips will cease once construction is complete, and no impact will occur during Project operation. M. UTILITIES AND SERVICE SYSTEMS 1. Water, Wastewater, Storm Drainage, Electric, Natural Gas and Telecom Thresholds: a) Would the Project require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? b) Would the Project have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? c) Would the Project result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? Finding: Less than significant (EIR, p. 2.16-8 through -14) Explanation: Surf Lagoon, Surf Center, Hotel and Villas Domestic Water Infrastructure The Project will require extension of water lines within the site to connect to the existing CVWD water lines under Willow Ridge Road and the traffic circle. In addition, the Project may construct a new onsite well to supply the lagoon water demands, which will be metered in compliance with requirements of the RWRCB. This would not significantly affect CVWD water facilities, and once connected to the CVWD water lines, CVWD will have sufficient water to accommodate the proposed Project. Extension of water lines will have less than significant impacts on expanded water services because the physical expansion will occur within already disturbed areas of the golf course and its roadways, and because the proposed Project's mandate to implement a Turf Reduction Program will substantially reduce net water demand of the Project. Domestic Water Supply 28 RESOLUTION NO. 2019-83 As discussed in Section 2.10 of the EIR, Hydrology and Water Quality, and per the Project - specific Water Supply Assessment (WSA), the Project's net domestic water demand of 58.46 AFY represents approximately 0.05 percent of the total water supply (114,600 AFY) for 2020 and 0.03 percent of the total water supply (194,300 AFY) for 2040 estimated by the CVWD in its Urban Water Management Plan. Based on the WSA findings, CVWD has sufficient water supplies to meet the demands of the Project for the next 20 years. The future water supplies available to CVWD, including the Project site, are assured and reliable under normal, single -dry years, and multiple -dry years by Colorado River water rights, the permanent surface water entitlement held by the CVWD, and based on historical conditions of the groundwater aquifer. The City can reliably expect water from surface and groundwater sources. Given the existing available water supply versus the water needs of the Project, CVWD has sufficient water supplies available to serve the Project in future during normal, dry and multiple dry years. The Project's incremental effect would not be cumulatively considerable with respect to water supply and, therefore, impacts would be less than significant. Wastewater Services and Infrastructure Upon implementation of the Project, wastewater would be collected and discharged into CVWD sewer mains at all components of the Project. Wastewater will periodically be generated by the surf lagoon and pools, which will be treated on -site and either directed to on -site dry wells or discharged into one of the Desert Willow golf course lakes for course irrigation. The proposed Project will require construction of on -site sewer infrastructure to connect to the existing sewer mains located in the Desert Willow Drive and Willow Ridge Road rights -of - way. Sewage will be conveyed south along Cook Street to the CVWD treatment plant (WRP- 10) near the Whitewater River Stormwater Channel two miles to the south. The Project wastewater discharges will be typical of residential and commercial uses and would not exceed wastewater treatment requirements of the CVWD or Regional Water Quality Control Board. CVWD is currently treating and recycling City -generated wastewater at two wastewater treatment plants (WRP-9 and WRP-10). These two plants have a total capacity of 18.40 mgd.5 WRP-10 has a current capacity of 18 mgd, and is currently treating about 13.4 mgd. It is estimated that the Project would generate a total of 161,500 gallons of wastewater per days, which will constitute an increase of 1 percent of the treatment flows currently entering the CVWD's WRP-10 daily. According to the CVWD, the existing sewer lines under Willow Ridge Road and the traffic circle at the clubhouse entrance have the capacity to handle the additional sewage generated by the Project, based on the number of lateral tie-ins presently contributing to the sewer flow. CVWD has sufficient treatment capacity to treat wastewater generated by the proposed Project, and the Project is not anticipated to result in the construction or relocation of a 5 Coachella Valley Water Management Plan Update 2012 (Final Report) -Page 4-23, CVWD. 6 Assumes hotel and residential uses use 250 gallons per day per room/unit. Commercial uses assume 100 gallons per day per 1,000 SF. 29 RESOLUTION NO. 2019-83 wastewater treatment plant. The proposed Project's impact on wastewater treatment systems would be Tess than significant. Stormwater Drainage The Project would introduce impervious surfaces in the project area through the construction of buildings, pedestrian pathways, parking Tots, and internal roadways. To fully capture the surface runoff at Project buildout, the Project site is divided into four drainage areas from which onsite runoff will be conveyed into three existing Desert Willow Golf Course drainage waste areas. These drainage waste areas do not have drain pipes to the Project site currently. Drain pipes will need to be constructed and extended from the Project site in these areas as part of the proposed Project. The drainage pipe extensions are considered off -site improvements, and their impacts discussed separately below. The design of the stormwater drainage system for the Project is consistent with, and integrates into, the master plan for drainage established with the development of the Desert Willow project as a whole. The preliminary hydrology study demonstrates that the existing waste areas have capacity to accommodate Project 100-year flows. Therefore, the proposed Project will not result in a need to construct additional drainage facilities beyond those envisioned for the Desert Willow project, and impacts will be less than significant. Electric Power Operation of the proposed Project would consume approximately 21,711,725 kWh per year of electricity in total'. This represents a 2.87 percent increase in annual City-wide electricity usage (City-wide usage is approximately 756,834,386 kWh per year, according to the Palm Desert Greenhouse Gas Inventory 2013 Update). To reduce electricity demand, the Project proposes the installation of solar panels on -site at the Surf Center, which could generate an estimated 1,700,000 kWh per year8. Operation of the solar panels will offset the Project's electrical demand, thereby reducing it to approximately 20,011,725 kWh per year, which represents approximately 2.64 percent of the City's total electricity demand. Impacts will be less than significant. The Project will connect to the existing nearest SCE underground distribution lines located east of the site. Construction of the Project will comply with applicable SCE guidelines regarding installation, extensions, and connections to limit impacts to electricity infrastructure and avoid service interruptions. No new SCE electric power facilities will need to be constructed or relocated. Impacts will be less than significant. Natural Gas Underground natural gas lines exist at the perimeter of the Desert Willow traffic circle. The Project site will connect to the existing lines. Construction impacts associated with the installation of natural gas connections are expected to be confined to trenching in order to extend them from Desert Willow Drive to the Project site. Prior to ground disturbance, Project contractors would notify and coordinate with SoCalGas to identify the locations and depths of all existing gas lines and avoid disruption of gas service. 7 See Section 2.6 Energy for detailed discussion. Annual kWh were estimated in CaIEEMod using historical energy data for similar land use/building types, and Project -specific engineering estimates for the surf lagoon. 8 Per project specific solar design. 30 RESOLUTION NO. 2019-83 Operation of the proposed Project would consume approximately 331,811 therms per years of natural gas in total, which is equivalent to a 1.89 percent increase in annual City-wide natural gas usage (City-wide usage is approximately 17,532,930 therms per year, according to the Palm Desert Greenhouse Gas Inventory 2013 Update). No additional natural gas facilities will need to be constructed or relocated. Impacts will be less than significant. Telecommunication The City is located within Frontier Communications' service area for telecommunication services. The project site will connect to the existing telecommunication lines located adjacent to the site in Desert Willow Drive. Lines currently in place are sufficient to supply the Project, and no new lines are expected to be required. No impact is anticipated. Off -site Improvements Stormwater Management: This component of the Project will extend storm drains from the proposed Project site at several locations (please see Section 2.10 of the EIR for a comprehensive discussion of the drainage system) to existing waste areas within the golf course. The pipes will be installed within existing disturbed areas of the golf course, and extend to existing disturbed waste areas. Although extension will be necessary, it will not result in the need for expanded facilities, because the drainage system designed for the entire Desert Willow project included serving the Project site, and other development sites within the master planned project. Therefore, the implementation of the proposed Project will not result in a need for expanded drainage facilities, and will not have a significant environmental effect on the golf course waste areas. Impacts will be less than significant. Pool/Lagoon Discharge: This component of the Project will require the extension of underground pipes to an existing lake within the golf course, to the south of the Project site. The extension of these pipes will occur within existing disturbed areas of the golf course, and will require only trenching and the installation of pipes. The water will be treated prior to its discharge into the existing lake, and will be used for irrigation within the golf course. The pool and lagoon discharge will not require the expansion of water, wastewater, storm drain, electric, natural gas or telecommunication facilities, and will have Tess than significant impacts on existing facilities. Golf Course Turf Reduction and Landscaping Improvements: This component of the Project would replace existing turf areas within the existing golf course with desert landscaping, which would reduce irrigation water demand and have an overall net benefit to water supplies. This component of the Project will not require any wastewater treatment, electric power, natural gas, or telecommunications. No long-term impacts are expected. Overflow Parking: This component of the Project will require up to 0.5 AFY in irrigation water when developed, and will be required to retain the 100 year storm on -site by installing a self- contained drainage system meeting City standards. No expansion of water, wastewater, drainage, electrical, natural gas or telecommunication facilities will be required, and impacts are expected to be Tess than significant. 9 See Section 2.6 Energy for detailed discussion. Therms were estimated in Ca&EEMod using historical energy data for similar land use/building types. 31 RESOLUTION NO. 2019-83 Soil Removal/Storage: This component of the Project will require water during excavation to suppress wind erosion, which will be temporary and will end once the excavation is completed. Impacts will be Tess than significant. This component will not require any wastewater treatment, electric power, natural gas, or telecommunications. No long-term impacts are expected. 2. Solid Waste Threshold: d) Would the Project generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? e) Would the Project comply with federal, state, and local management and reduction statutes and regulations related to solid waste? Finding: Less than significant (EIR, p. 2.16-15 and -16) Explanation: Surf Lagoon, Surf Center, Hotel and Villas Construction Impacts All construction debris would be placed in appropriate onsite containers and periodically disposed of in accordance with all applicable standards of waste disposal. Non -hazardous construction materials that cannot be reused or recycled would be accepted for disposal at Riverside County landfills. As required by CalGreen, demolition of the existing parking lot and the waste created by construction activities will be required to be recycled, and demonstration of compliance will be required by the City as a condition of the building permits for the Project. This standard requirement will assure that impacts associated with construction waste remain less than significant. Any hazardous materials (e.g. chemicals, oils fuels, lubricants, paints, and solvents) used during construction would be recycled, treated, and/or disposed of in accordance with federal, State, and local laws. Construction -related solid waste generation will be short-term and local and/or regional landfills would have sufficient permitted capacity to accommodate the Project's construction -related solid waste disposal needs. Impacts will remain less than significant. Operational Impacts Based on the Estimated Solid Waste Generation Rates established by CalRecycle, the Project would dispose of approximately 355 tons of solid waste per year10 at buildout. The Project would be required to achieve 50 percent waste diversion in accordance with Riverside 10 Retail = 0.02 Ib/SF/day; Office = 0.006 lb/SF/day; Hotel = 2 lb/room/day; Multi -family = 5.1 lb/unit/day. CalRecycle. 32 RESOLUTION NO. 2019-83 County's Integrated Waste Management Plan (CIWMP); based on this requirement, the total solid waste generation for the Project will be approximately 212.66 tons per year. Solid waste collected from the site will be hauled to the Edom Hill Transfer Station in Cathedral City and then transported to Lamb Canyon landfill in Beaumont. The Project will contribute 0.02% to Lamb Canyon's remaining capacity." Commingled recyclable materials will be transported to Burrtec's material recovery facilities for recycling and reuse. Less than significant impacts would occur from the Project. Off -site Improvements Stormwater Management and Pool/Lagoon Discharge: These components of the Project would not generate any solid waste; no impact is anticipated. Landscaping Improvements and Golf Course Turf Reduction: The Turf Reduction program and landscaping activities may result in plant waste, and in some solid waste associated with plant containers, that Burrtec will sort and dispose of as green waste, or recycle. Green waste will then be recycled as compost per Mandatory Organics Recycling requirements (AB 1826). Impacts will be less than significant. Overflow Parking: The proposed overflow parking site is currently vacant and will not result in construction or demolition waste. At buildout, the parking lot will not generate solid waste; no impact is expected. Soil Removal/Storage: Other than excavated soil, this Project component is not anticipated to generate any other solid waste; no impact is anticipated. 11 33 Assumes that 1 CY of commercial and residential recyclable solid waste is equivalant to 100 Ibs (averaged). "Volume to Weight Conversion Factors," US EPA Office of Resource Conversion and Recovery. April 2016. RESOLUTION NO. 2019-83 SECTION 5: FINDINGS REGARDING ENVIRONMENTAL IMPACTS MITIGATED TO A LESS THAN SIGNIFICANT LEVEL. The City Council hereby finds that feasible Mitigation Measures have been identified in the EIR and this Resolution that will avoid or substantially lessen the following potentially significant environmental impacts to a Tess than significant level. The potentially significant impacts, and the Mitigation Measures that will reduce them to a less than significant level, are as follows: A. AESTHETICS 1. New Source of Light and Glare Threshold: d) Would the Project a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? Finding: Less than significant with mitigation incorporated. (EIR, p. 2.2-31 through -41) Explanation: The surf lagoon will increase Tight and glare from the following sources: 1. Pole -mounted lighting is proposed along the central pier and both sides of the outer boardwalk (see EIR Exhibit 2.2-2). This includes a total of 34 luminaires mounted on eleven (11) galvanized steel poles that will be 40 to 80 feet in height. Of this total, one is proposed at 40 feet, three at 60 feet, four at 70 feet, and three at 80 feet in height, distributed on all sides of the lagoon, and on the central pier (see EIR Exhibit 2.2-20). Section 24.16.015(F) of the Palm Desert Municipal Code states that the maximum pole heights for sport courts shall be thirty (30) feet. The proposed Specific Plan allows for the construction of light poles of up to 80 feet in height. Section 24.16.015(E) of the Municipal Code requires that sports lighting fixtures use the latest technology to control spill light from the lighting fixture. Each luminaire will be fitted with a light/glare control visor that directs light downward onto the lagoon and reduces glare and light spillage.12 Section 24.16.045(C) of the Municipal Code states that outdoor recreational sports lighting shall be turned off at 10:00 pm with partial lighting remaining on until 10:30 pm to allow participants to safely vacate the field/venue. The Specific Plan proposes surf lagoon lighting consistent with operational hours that allow surfers in the water until 12:00 am on holidays, weekends and during special events, and 10 pm on weekdays. 2. Other proposed lighting fixtures include lights mounted in the concrete pony wall along the entire boardwalk (18 inches above the boardwalk deck), and fixtures mounted on 12 Exhibits SP6.1 and SP6.2, Light Fixture Cutsheets, DSRT Surf Precise Plan Package, March 25, 2019. 34 RESOLUTION NO. 2019-83 handrail vertical posts along the entire pier (20 inches above the pier deck), as well as landscaping lighting throughout the Planning Area.13 3. The Project would involve the installation of photovoltaic (PV) solar panels, which would convert sunlight directly into electricity. 4. Vehicles accessing and parking onsite will generate new sources of light and glare. Surf Lagoon and Surf Center Light fixtures will illuminate the Promenade roadway, parking Tots, surf lagoon boardwalk and pier, and common areas around the surf center, including ancillary buildings, swimming pools, and the event lawn. Lighting of these features is intentional for after -dark activities, safety, and security. The lighting plans for these fixtures incorporates standards of the Municipal Code, will be typical of the lighting provided at other developments within the area, and will not significantly impact the lighting environment of the Desert Willow Golf Resort. Specialized and stronger lighting is proposed for the surf lagoon. As shown in Exhibit 2.2-20 of the EIR, pole lights ranging from 40 to 80 feet in height are proposed at this location. They will occur on all sides of the lagoon, and along the central pier to illuminate the water and allow night surfing. Exhibit 2.2-20 of the EIR also shows the levels of light occurring on the lagoon to its edge, while Exhibit 2.2-21 of the EIR depicts the levels of light generated by the Tight poles in the areas surrounding the lagoon. As shown in Exhibit 2.2-21, lighting levels at the property line will be reduced to imperceptible levels to the north and south of the site, conforming to City standards. Light pole luminaires will emit a total of 112,455 lumens, which is less than the 130,000 lumens allowed for commercial light poles in Municipal Code Section 24.16-015, Outdoor Lighting Requirements. The lighting impacts associated with the proposed lagoon lighting as it relates to Tight fixture outputs will therefore be less than significant. Impacts associated with glare from the structures at the surf lagoon area are expected to be Tess than significant. However, the lighting generated by the Tight poles proposed for the lagoon also have the potential to generate glare resulting from lights reflected from the water. The City does not have specific numeric standards for glare. However, based on the findings of Exhibit 2.2-17 of the EIR, the lagoon lighting as proposed (40-80-foot-tall poles) will result in minimal glare off -site, and impacts will be Tess than significant. Hotel and Villas No development application(s) for Specific Plan Planning Area 2 have been filed at this time and, therefore, architectural elevations for the hotel and villas are not available. However, as required by the Specific Plan, building styles and materials will complement those used for the surf center. As shown in Exhibits 2.2-17 through 2.2-19 in the EIR, lighting levels at the site boundary will be imperceptible, and will meet City standards. Lighting from the light poles at the surf lagoon will spill onto the Villas along the southwest edge of the surf lagoon, and to the hotel and villas to the west of the lagoon. It will not spill onto Desert Willow Drive, the clubhouse parking lot, or the Westin Desert Willow resort to the immediate southwest. As shown in EIR Exhibit 2.2-21, the highest lighting level along the 13 Exhibit LT1.0, Site Lighting Plan, DSRT Surf Precise Plan Package, March 25, 2019. 35 RESOLUTION NO. 2019-83 south edge of the lagoon, where the villas are located, will range from 2.1 to 4.7 footcandles. The City's standard for illumination in lighting plans is 1 to 3 footcandles (Municipal Code Section 24.16.035). Lighting levels at the rear patios and balconies of the Lagoon Villas will be higher in some locations. The architectural plans for these villas are not part of this application, but the concepts provided in the Specific Plan are illustrated in EIR Exhibit 2.2-4. They show deep covered balconies and patios that will shield the interior of these villas from the light levels occurring at these locations. However, since these architectural plans are not definitive, the impacts from the surf lagoon light poles to interior spaces of the villas along the south edge of the lagoon could be significant, and should be mitigated. As provided in Mitigation Measure AES-1, the architectural plans for the villas at this location will be required to demonstrate that interior Tight levels in those villas will not exceed 1 footcandle, the lower allowable standard under the City's standards. This mitigation measure will assure that impacts associated with lighting at the south Lagoon Villas will be less than significant. Mitigation Measures AES-1: In order to assure that lighting levels at the Lagoon Villas do not exceed City standards, architectural plans for these villas will be accompanied by a lighting plan that demonstrates that the interior lighting level at the windows located facing the lagoon does not exceed 1.0 footcandle. Lighting plans will be prepared according to the City's lighting design standards as part of Mitigation Measure AES-1. AES-1 will assure that the lighting levels at the lagoon villas are acceptable. This mitigation measure will reduce impacts to Tess than significant levels for the Proposed Project. Off -site Improvements The majority of off -site improvements will be buried, and will generate no light or glare. The overflow parking lot is already impacted by occasional vehicle use. It will be improved to City standards, including new pole -mounted lighting to enhance visibility and security. Lighting will be required to comply with Chapter 24.16, Outdoor Lighting Requirements, of the Palm Desert Municipal Code, and the City will review and approve the lighting plan prior to development. With implementation of these standard requirements, impacts will be less than significant. B. BIOLOGICAL RESOURCES 1. Habitat Modifications Threshold: a) Would the Project have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? Finding: Less than significant with mitigation incorporated. (EIR, p. 2.4-19 through -21) Explanation: The development of the Project will result in the disturbance of the entire site. Impacts to biological resources, as discussed below, would be consistent across all components of the Project, including the surf lagoon, surf center, hotels, villas, and off -site improvements. The following discussion, therefore, applies to all components of the proposed 36 RESOLUTION NO. 2019-83 Project equally. Tables 2.4.1 through 2.4.3 of the EIR (p. 2.4-12 through -14) summarize information on all special -status species that have been reported in the Project vicinity, or that have the potential to occur onsite based on geographic distribution and presence of potentially suitable habitat. Given the level of existing disturbance onsite from parking lot development, grading, installation of irrigation systems, development of surrounding parcels, and daily disturbances of human activity on the adjacent Desert Willow Golf Resort, there is a low potential for the proposed Project to adversely impact sensitive biological species. No sensitive plant species or wildlife species were observed or detected on the Project site during the biological field survey, and any potential Project -related impacts would be mitigated through payment of standard CVMSHCP developer impact fees (Mitigation Measure BIO-1). Mitigation Measure B1O-1 Payment of CVMSHCP Fees The Project proponent shall be required to pay the CVMSHCP local development mitigation fee to mitigate for impacts to covered species and natural communities within the Project site. Although burrowing owl is a covered species under the CVMSHCP, neither the federal 404 permit nor the state NCCP for the CVMSHCP provides for take of this species, which is further protected by the MBTA. The species nests and roosts underground and is particularly vulnerable to ground -disturbing activities. The biologist determined that suitable burrowing owl habitat is present on the vacant portion of the Project site, however the species was not detected during site surveys. Project -related impacts to the species will be mitigated through implementation of Mitigation Measure BIO-3 which requires pre -construction surveys to identify any burrowing owls present onsite, and consultation with CDFW regarding the use of exclusion devices, if appropriate, to minimize impacts to the species. Special -status bird species which may nest in the Project area are protected from take by the MBTA. Nesting bird surveys in compliance with the MBTA will mitigate any potential Project - related impacts to these species (Mitigation Measure BIO-2). The surveys would determine whether nesting birds are present onsite immediately prior to site disturbance and, if present, prohibit project -related work within avoidance buffers until the young have fledged. Mitigation Measure B/O-2 MBTA Compliance For any grading or other site disturbance or tree or vegetation removal occurring during the nesting season between February 1st and August 31 st, a qualified biologist shall conduct at least one nesting bird survey, and more if deemed necessary by the consulting biologist, immediately prior to initiation of project -related ground disturbing activities. If nesting birds are present, no work shall be permitted near the nest until the young birds have fledged. While there is no established protocol for nest avoidance, when consulted, the CDFW generally recommends avoidance buffers of about 500 feet for birds -of -prey, and 100 — 300 feet for songbirds . 37 RESOLUTION NO. 2019-83 Mitigation Measure B/O-3 Burrowing Owl Surveys A qualified biologist shall conduct two (2) take avoidance pre -construction burrowing owl surveys onsite. The first shall occur between 14 and 30 days prior to ground disturbance, and the second shall occur within 24 hours of ground disturbance. If burrowing owls are detected, the project proponent shall consult with CDFW to determine what course of action is needed, such as the use of exclusion devices (if applicable) to discourage owls from using burrows that are believed to be in jeopardy of being impacted by implementation of the project. With implementation of Mitigation Measures BIO-1 through BIO-3, potential Project -related impacts to sensitive species would be Tess than significant. C. CULTURAL AND TRIBAL RESOURCES 1. Archaeological Resources Threshold: b) Would the Project cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? Finding: Less than significant with mitigation (EIR, p. 2.5-13 through -15) Explanation: Surf Lagoon, Surf Center, Hotels and Villas, No archaeological resources were observed during the site -specific cultural resources field survey, and none were found or recorded during previous surveys. The Project area is within the traditional use area of the Agua Caliente Band of Cahuilla Indians, and the potential exists for archaeological resources to be uncovered during ground -disturbing activities. Although the site has been previously graded, features or artifacts of prehistoric origin may be uncovered during Project development, particularly since excavation for parking structures and pool and lagoon backwash drainage structure construction will be at greater depths than previously occurred. To reduce the potential impacts, Mitigation Measure CUL-1 requires educating construction personnel about possible archaeological artifacts, human remains, and other cultural materials that could be uncovered during construction activities, pursuant to § 15064.5. If any of those materials are unearthed during construction, Mitigation Measure CUL-2 would require further actions to secure those materials and assure their proper disposition. Off -Site Improvements Stormwater Management: Installation of subsurface stormwater management infrastructure will involve excavation and other soil disturbances that could uncover archaeological resources. Impacts will be less than significant with implementation of Mitigation Measures CUL-1 and CUL-2. Pool/Lagoon Discharge: Installation of pooVlagoon discharge infrastructure will result in soil disturbances that could uncover archaeological resources. Impacts will be Tess than significant with implementation of CUL-1 and CUL-2. 38 RESOLUTION NO. 2019-83 Golf Course Turf Reduction: Removal and replacement of existing turf with native landscaping will result in soil disturbances. These areas have been previously disturbed for existing landscaping, and since the replacement with drought -tolerant landscaping will occur in areas and at depths that have previously been significantly disturbed, no impact is expected. Overflow Parking: The Project will result in improvement of an existing parking lot southeast of the subject property. The parking lot has already been disturbed from grading and vehicle use, and it is unlikely to harbor subsurface archaeological resources. Nonetheless, there is limited potential for such resources to be unearthed during ground -disturbing activities. Impacts will be less than significant with implementation of CUL-1 and CUL-2. Soil Removal/Storage: Project development will result in excavation, removal and placement, and storage of soils. The placement of soils off -site will not impact architectural resources, and any resources would have been identified during site disturbance. This activity will not result in any impact to prehistoric resources. Mitigation Measure CUL-1 Worker Education Program: Prior to commencing any phase of Project ground disturbance, all personnel working onsite shall be required to complete a worker education program performed by a qualified archaeologist that describes potential archaeological artifacts, human remains, and other cultural materials that could be unearthed during the Project development process, and the procedures required in the event such a discovery is made. Mitigation Measure CUL-2 Monitoring: If buried cultural materials are encountered inadvertently during any earth -moving operations associated with the Project, all work within 50 feet of the discovery should be halted or diverted until a qualified archaeologist can evaluate the nature and significance of the finds. The archaeologist shall prepare a findings report summarizing the methods and results of the investigation, including an itemized inventory and detailed analysis of recovered artifacts upon completion of field and laboratory work. The report shall include an interpretation of the cultural activities represented by the artifacts and discussion of their significance. The submittal of the report to the City and Tribal representative, as appropriate, along with final disposition of the recovered artifacts in a manner consistent with determination of the lead agency, Project archaeologist, and consulting tribes, will signify the completion of the monitoring program and, barring unexpected findings of significance, the mitigation of potential project impacts on cultural and tribal resources. Overall, impacts to archaeological resources pursuant to Section 15064.5 will be mitigated to Tess than significant levels through implementation of Mitigation Measures CUL-1 and CUL- 2. 2. Human Remains Threshold: c) Would the Project disturb any human remains, including those interred outside of formal cemeteries? 39 RESOLUTION NO. 2019-83 Finding: Less than significant with mitigation (EIR, p. 2.5-14 and -15) Explanation: Surf Lagoon, Surf Center, Hotels and Villas, The subject site does not contain a formal cemetery; however, it is within the traditional use area of Native American tribes, and the potential exists for human remains to be unearthed during ground -disturbing activities, such as grading and excavation. California Health and Safety Code Section 7050.5 requires that all excavation stop, and that the County coroner inspect the site. Should the remains be identified as Native American by the coroner, the NAHC is required to contact the most likely descendant, and that descendant may recommend appropriate burial. This requirement, reflected in Mitigation measure CUL- 3, will assure that impacts associated with human remains are less than significant. Off -Site Improvements Stormwater Management: Installation of subsurface stormwater management infrastructure is unlikely to unearth human remains, because the golf course area in which these facilities will occur has been previously graded. However, this activity will be subject to the same requirements of law contained in Mitigation Measure CUL-3. Pool/Lagoon Discharge: Installation of subsurface pool and lagoon discharge pipes is unlikely to unearth human remains, because the golf course area in which these facilities will occur has been previously graded. However, this activity will be subject to the same requirements of law contained in Mitigation Measure CUL-3. Golf Course Turf Reduction: Removal of golf course turf and replacement with desert landscaping is expected to affect only shallow depth soils. However, this activity will be subject to the same requirements of law contained in Mitigation Measure CUL-3. Overflow Parking: The proposed overflow parking lot has already been disturbed by grading and vehicle use. Nonetheless, the potential exists for human remains to be uncovered during proposed improvements. This activity will be subject to the same requirements of law contained in Mitigation Measure CUL-3. Soil Removal/Storage: The removal and storage of soils has no potential to unearth human remains, insofar as the soils will have been inspected as part of the construction activities described above. Soil removal and storage will not impact human remains. Mitigation Measure CUL-3 Human Remains: Should buried human remains be discovered during grading or other construction activities, in accordance with State law, the County coroner shall be contacted. If the remains are determined to be of Native American heritage, the Native American Heritage Commission and the appropriate local Native American Tribe shall be contacted to determine the Most Likely Descendant (MLD). 3. Tribal Resources 40 RESOLUTION NO. 2019-83 Threshold: a) Would the Project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code Section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American Tribe, and that is: ii) a resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1 h, the lead agency shall consider the significance of the resource to a California Native American tribe. Finding: Less than significant with mitigation (EIR, p. 2.5-16 through -18) Explanation: Surf Lagoon, Surf Center, Hotels and Villas No tribal cultural resources are known to exist on the Project site. However, the site is within the Traditional Use Area of the ACBCI. Therefore, the potential exists for archaeological resources to be uncovered during ground -disturbing activities, including the deep excavation required for the parking structure and pool and lagoon backwash drainage structures. As described in Section 2.5.6.b. of the EIR, the inclusion of construction staff training, and the requirement for monitoring should resources be identified contained in Mitigation Measures CUL-1 and CUL-2, will reduce these potential impacts to less than significant levels. Off -Site Improvements Stormwater Management: Installation of subsurface stormwater management infrastructure will involve excavation and other soil disturbances that could uncover tribal resources. Impacts will be less than significant with implementation of Mitigation Measures CUL-1 and CUL-2. Pool/Lagoon Discharge: Installation of subsurface pool and lagoon discharge pipes will involve excavation and other soil disturbances that could uncover tribal resources. Impacts will be less than significant with implementation of Mitigation Measures CUL-1 and CUL-2. Golf Course Turf Reduction: Removal and replacement of existing turf with native landscaping will result in soil disturbances. These areas have been previously disturbed for existing landscaping, and since the replacement with drought -tolerant landscaping will occur in areas and at depths that have previously been significantly disturbed, no impact is expected. Overflow Parking: The parking lot has already been disturbed from grading and vehicle use, and it is unlikely to harbor subsurface tribal resources. Nonetheless, there is limited potential for such resources to be unearthed during ground -disturbing activities. Impacts will be less than significant with implementation of CUL-1 and CUL-2. 41 RESOLUTION NO. 2019-83 Soil Removal/Storage: The placement of soils off -site will not impact tribal resources, as any resources would have been identified during collection of soils. This activity will not result in any impact to tribal resources. Mitigation Measure CUL-1 Worker Education Program: Prior to commencing any phase of Project ground disturbance, all personnel working onsite shall be required to complete a worker education program performed by a qualified archaeologist that describes potential archaeological artifacts, human remains, and other cultural materials that could be unearthed during the Project development process, and the procedures required in the event such a discovery is made. Mitigation Measure CUL-2 Monitoring: If buried cultural materials are encountered inadvertently during any earth -moving operations associated with the Project, all work within 50 feet of the discovery should be halted or diverted until a qualified archaeologist can evaluate the nature and significance of the finds. The archaeologist shall prepare a findings report summarizing the methods and results of the investigation, including an itemized inventory and detailed analysis of recovered artifacts upon completion of field and laboratory work. The report shall include an interpretation of the cultural activities represented by the artifacts and discussion of their significance. The submittal of the report to the City and Tribal representative, as appropriate, along with final disposition of the recovered artifacts in a manner consistent with determination of the lead agency, Project archaeologist, and consulting tribes, will signify the completion of the monitoring program and, barring unexpected findings of significance, the mitigation of potential project impacts on cultural and tribal resources. Overall, impacts to Tribal resources will be mitigated to less than significant levels through implementation of Mitigation Measures CUL-1 and CUL-2. D. GEOLOGY AND SOILS 1. Groundshaking Threshold: a) Would the Project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: ii) Strong seismic ground shaking? Finding: Less than significant with mitigation (EIR, p.2.7-10 through -13) Explanation: Surf Lagoon, Surf Center, Hotel and Villas The Project is located within a seismically active area which could expose people or structures to strong seismic ground shaking. 42 RESOLUTION NO. 2019-83 To address seismic hazards, the City has codified the 2016 CBC in Municipal Code Section 15.24.010, which requires that project structures be designed with adequate strength to withstand the lateral dynamic displacements induced by the Design Basis Ground Motion, which the CBC defines as the earthquake ground motion that has a 10-percent chance of being exceeded in 50 years. The project will be required to comply with the CBC and all California seismic design requirements, which would ensure that it would not expose persons or property to significant injury or damage from strong seismic ground shaking hazards. The site -specific Geotechnical Investigation Report includes several recommendations, included as mitigation measures in the EIR. Implementation of mitigation measures GEO-6 and GEO-7 will ensure adequate uniform structural support for enclosed walls during strong seismic groundshaking events. GEO-10 requires appropriate Asphalt Concrete Pavement design and construction measures to minimize potential damage to proposed structures if strong seismic ground shaking is encountered. GEO-13 requires compaction of up to 90 percent to minimize cracking of concrete flatworks. Construction sites are at higher risk than fully developed structures during strong seismic shaking because the standard measures that would protect a building and its occupants from an earthquake are not yet in place. This means the damage could be more extensive to a building under construction than for the same building after the construction is complete. To minimize the Toss of life during excavation, mitigation measure GEO-19 requires all employees at the construction site to be trained in earthquake preparedness and identify safe places near the construction site to make emergency evacuation possible. With implementation of this mitigation measure, impacts associated with strong groundshaking will be less than significant. Adherence to the CBC, California seismic design requirements, the City's Municipal Code, and the mitigation measures set forth herein would ensure potential impacts related to seismic groundshaking at the surf lagoon, surf center, hotels, and villas would be Tess than significant. Off -site Improvements Stormwater Management: Active faults in the region have the potential to cause strong groundshaking in the proposed Project area, and could result in shifting, breakage, or other damage to proposed off -site storm drainage improvements and leakage of water. Mitigation measure GEO-12 will require appropriate compaction of all utility trench backfill to minimize damage caused by strong seismic shaking. With implementation of GEO-12, impacts would be less than significant. Pool/Lagoon Discharge: Water from the swimming pools and lagoon will be flushed to golf course lakes via underground pipes which could be damaged during strong ground shaking. New underground pipelines will be designed and installed accordingly to the California Building Code to withstand ground shaking, and flushing of water from swimming pools and the surf lagoon to the existing golf course lake will not create any new ground shaking hazards to these lakes. As with the stormwater management system, mitigation measure GEO-12 requires the compaction of trench backfill, to minimize hazards to the pipes carrying the discharge. Impacts would be less than significant with implementation of this mitigation measure. 43 RESOLUTION NO. 2019-83 Golf Course Turf Reduction: Removal and replacement of existing turf areas with desert landscaping will not create any ground shaking hazards in the Desert Willow Golf Course. No impact will occur. Landscaping Improvements: Hardscape surfaces in landscaped areas could crack or buckle during a seimic event; however, such damage would not pose a substantial risk or hazard to people or property, and would be reduced to less than significant levels with the implementation of mitigation measures GEO-10 and GEO-13, which address impacts to hardscapes, asphalt and concrete. Overflow Parking: The off -site parking area is already graded, and no new permanent structures are proposed at the site. Seismic groundshaking could cause pavement to crack or buckle; however, potential damage and hazards to people and property would be Tess than significant with the implementation of mitigation measure GEO-10, which specifically addresses impacts to asphalt and concrete. Soil Removal/Storage: The project may require excavations of up to 20 feet of soil for placing foundations and constructing the parking structures. Soils removed from the site will be hauled either to other vacant areas of Desert Willow, or to an off -site location. Groundshaking would not impact soil stockpiles. Mitigation Measure GEO-6 Conventional Shallow Spread Footings: Adequate support for the proposed resort buildings and surf lagoon enclosed walls will be provided through Conventional Shallow Spread Footings. Mitigation Measure GEO-7 Slabs -on -Grade: Concrete slabs -on -grade must be placed on compacted engineered fill to provide uniform support. A minimum slab thickness of 4-inches and a minimum reinforcement consisting of #3 bars at 18-inches on center in each direction shall be required. Mitigation Measure GEO-10 Asphalt Concrete Pavement: This shall be designed in accordance with Topic 608 of the Caltrans Highway Design Manual to meet the following thickness for the site: I Pavement Material 1 Asphalt Concrete Surface Course Class l/ Aggregate Base Course Compacted Subgrade Soil Required Thickness 3 inches 4 inches 12 inches Mitigation Measure GEO-12 Utility Trench Backfill: All utility trench backfill shall be compacted to a minimum relative compaction of 90%. Mitigation Measure GEO-13 44 RESOLUTION NO. 2019-83 Exterior Concrete Flatwork: The subgrade soil below concrete flatwork areas shall first be compacted to minimum relative compaction of 90 percent to minimize cracking of concrete flatworks. Mitigation Measure GEO-19 Prior to ground disturbing activities, all employees at the construction site shall be trained in earthquake preparedness and identify safe places near the construction site to facilitate emergency evacuation. 2. Seismic -Related Ground Failure Threshold: a) Would the Project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: iii) Strong seismic ground failure, including liquefaction? Finding: Less than significant with mitigation (EIR, p. 2.7-13 and -14) Explanation: Surf Lagoon, Surf Center, Hotel and Villas The site is located on relatively flat ground but could be subject to slope instability, collapse, or slumping during an earthquake, particularly in the subsurface parking garage, buildings, pool and Lagoon backwash drainage structures, and the surf lagoon. In order to minimize the potential for collapse, instability or slumping, mitigation measures GEO-1 through GEO-5 will assure that soil is clean, adequately compacted, and that excavated slopes remain stable during a seismic event. With implementation of these mitigation measures, impacts will be reduced to less than significant levels. Based on the Geotechnical Investigation Report14, the potential for liquefaction at the project site is low due to depth to groundwater, which is greater than 200 feet below the surface. Therefore, potential impacts related to liquefaction would be Tess than significant. Off -site Improvements Stormwater Management: Ground failure is usually caused by surface rupture along faults, unstable soils, or liquefaction. The Project's connections to existing off -site storm drainage systems will not result in a ground failure risk at the site because pipes will be located in narrow trenches properly backfilled, and impacts would be Tess than significant. Pool/Lagoon Discharge: Flushing of water from swimming pools and surf lagoon to the existing golf course lakes will be via underground pipelines located in narrow trenches properly compacted as described above. The discharge system will not be significantly impacted by ground failure. 14 Geotechnical Investigation Report for the project site by Sladden Engineering in December 2018. 45 RESOLUTION NO. 2019-83 Golf Course Turf Reduction: Removal and replacement of existing turf areas with desert landscaping will not create any ground failure hazards in the Desert Willow Golf Course because no structural alterations will be required, and the replacement of turf with desert landscaping will not expose these areas to ground failure. No impact is anticipated. Landscaping Improvements: Landscaping improvements at the edges of the project to connect to the existing golf course landscaping will not involve structures, and will not cause any ground failure hazards in the Desert Willow Golf Course. No impact is anticipated. Overflow Parking: The off -site parking area is already graded, and will be improved with pavement, curbs and gutters. The installation of these facilities, with implementation of the mitigation measures described above, will not result in ground failure or liquefaction. Soil Removal/Storage: The proposed Project would involve some excavation. The excavations are limited to 20 feet for the lagoon and subsurface parking garages. Localized excavations, vehicle access and grading could potentially destabilize the soils and trigger a localized landslide within excavated areas. Adverse effects to people or structures could be significant if a shallow ground failure were to occur. Mitigation measure GEO-1, GEO-2, and GEO-5 require the contractor to incorporate appropriate engineering design and construction measures to address soil prone to ground failure. The potential for construction activities to expose and adversely impact people and structures due to ground failure would be less than significant with implementation of these mitigation measures. Mitigation Measure GEO-1 Site Clearing: Prior to commencement of remedial grading within the site, all existing vegetation, associated root systems, and debris shall be cleared. Areas planned to receive fill shall be cleared of old fill and any irreducible matter. Mitigation Measure GEO-2 At Grade Structure Areas Requirements: All undocumented artificial fill and low -density native surface soil shall be removed and re -compacted for the at -grade structures (e.g., spa building and cabanas). Over -excavation should extend to a minimum depth of 3 feet below existing grade or 3 feet below the bottom of the footings, whichever is deeper. The exposed native soil shall be moisture conditioned to within 2 percent of optimum moisture content and compacted to at least 90 percent relative compaction. Removals shall extend at least 5 feet laterally beyond the footing limits. Mitigation Measure GEO-3 Fill Placement and Compaction: Engineered fill shall be free of organic material, debris, and other deleterious substances, and should not contain irreducible matter greater than 3-inches in maximum dimensions. The imported fill shall meet the following criteria: Plastic Index <12 Liquid Limit <35 % Soil Passing #200 Sieve Between 15% and 35% I Maximum Aggregate Size 3 inches 46 RESOLUTION NO. 2019-83 Mitigation Measure GEO-4 Shrinkage and Subsidence: Volumetric shrinkage of the material shall be between 10 and 15 percent. Mitigation Measure GEO-5 Temporary Excavation: Temporary excavation up to 20 feet in depth may be required to accomplish the proposed construction. Excavations to depth of 20 feet shall have slope cuts no steeper than horizontal to one vertical (1:1). 3. Soil Erosion Threshold: b) Would the Project result in substantial soil erosion or the loss of topsoil? Finding: Less than significant after mitigation (EIR, p. 2.7.15-2.7.17) Exp lanation: Surf Lagoon, Surf Center, Hotel and Villas The Project site is highly susceptible to wind erosion.15 Grading and construction will require removal of the topsoil; however, grading and construction activities would occur in accordance with erosion control requirements, including dust control measures, imposed by the City pursuant to grading permit regulations. Specifically, project construction would be required to comply with the City's Municipal Code Section 27.28.09016, including submittal and approval of grading permits to ensure that the project does not generate excessive soil erosion. City Municipal Code Sections 24.12.01017 and 24.20.05018 require preparation of a fugitive dust (PM10) mitigation plan and compliance with National Pollutant Discharge Elimination System (NPDES) standards prior to and during construction. A Water Quality Management Plan (WQMP)19 has been prepared for the proposed Project which includes Best Management Practices (BMPs). These BMPs would be implemented during grading and construction to reduce sedimentation and soil erosion, and in compliance with City standards. Mitigation measures GEO-16 through GEO-18 specifically address and mitigate the potential for soil erosion through watering or covering soils, and by prohibiting construction activities during significant storms or wind events. In addition, project 15 16 17 18 19 47 Palm Desert General Plan, City of Palm Desert 2016; Figure 8-3. Palm Desert Municipal Code 27.28.090 — Plans to Accompany Application. Chapter 24.12 Fugitive Dust (PM10) Control, Palm Desert Municipal Code 24.12.010 — Purpose and Intend. Palm Desert Municipal Code 24.20.050 - Discharge of pollutants. Preliminary Water Quality Management Plan for Tentative Map 37639 — DSRT SURF prepared by The Altum Group, December 31, 2018. RESOLUTION NO. 2019-83 construction contractors will be required to comply with City grading permit regulations20, which require dust control measures to reduce sedimentation and erosion.21 Off -site Improvements Stormwater Management, Pool/Lagoon Discharge, Golf Course Turf Reduction, Landscaping Improvements and Overflow Parking: The construction of these improvements will result in loss of topsoil during construction. The same fugitive dust (PM10) mitigation plan requirements applicable to other components of the project would be applied to these improvements, which would prevent substantial soil erosion and fugitive dust generation. Once constructed, these facilities will not be subject to erosion. Soil Removal/Storage: The project would require excavation of an estimated 20 feet deep area, and the removal of 151,000 cubic yards of soil which could cause erosion and generate blowsand. However, construction will occur incrementally and in measured stages, which will allow control of soil moisture and stability. Mitigation measures GEO-16, GEO-17, and GEO- 18 will ensure that the loss of soils from strong wind events will be less than significant. Mitigation Measure GEO-16 All project grading plans shall include a soil erosion prevention/dust control plan. Blowing dust and sand during excavation and grading operations shall be mitigated by adequate watering of soils prior to and during excavation and grading, and limiting the area of dry, exposed and disturbed materials and soils during these activities. To mitigate against the effects of wind erosion after site development, a variety of measures shall be implemented, including maintaining moist surface soils, planting stabilizing vegetation, establishing windbreaks with non-invasive vegetation or perimeter block walls, and using chemical soil stabilizers. Mitigation Measure GEO-17 There shall be a cessation of grading activities during rainstorms or high wind events. The project contractor shall install flow barriers and soil catchments (such as straw bales, silt fences, and temporary detention basins) during construction to control soil erosion. Mitigation Measure GEO-18 All materials transported off -site shall be either sufficiently watered or securely covered to prevent excessive amounts of spillage or dust. 4. Unstable Soils Threshold: c) Would the Project be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? Finding: Less than significant after mitigation (EIR, p. 2.7-17-2.7-20) 20 21 48 Palm Desert Municipal Code 27.12.180 — Building Permits and Chapter 24.12 — Fugitive Dust (PM10) Control. Palm Desert Municipal Code 27.12.065 — Erosion Control. RESOLUTION NO. 2019-83 Explanation: Surf Lagoon and Surf Center The surf lagoon and surf center portion of the project site is currently partially developed and does not contain unstable soils or geologic units. No fissure or other surficial evidence of subsidence was observed at the project site. Based on the Geotechnical Investigation Report, it is not susceptible to on- or off -site landslide, lateral spreading, subsidence, liquefaction, or collapse; this is due to on -site conditions, distance from sloping terrain and foothills, and depth to groundwater. The depth to groundwater is reported below 200 feet below ground surface in this area. Mitigation measure GEO-3 will require use of engineered fill free of unstable soil at the site to reduce potential risks associated with lateral spreading, subsidence, liquefaction or collapse for all components of the project. The implementation of this mitigation measure will reduce impacts to less than significant levels. Ground subsidence has been documented by the U.S. Geological Survey and CVWD in portions of La Quinta, Palm Desert, and Indian Wells; the principal cause is believed to be extraction of groundwater. The projected water consumption which could be drawn from the on -site well, existing golf course well or from existing CVWD water supplies to accommodate the lagoon is 73.04 AFY, which represents 0.00025% of total water in storage. No excessive withdrawal of water is anticipated at the site, and so the potential for subsidence is considered low. Consequently, impacts from subsidence, liquefaction or collapse would be less than significant. The project site is located at a distance of approximately 3.10 miles from the Santa Rosa Mountains, therefore, it does not have any potential for landslide or lateral spreading. No impact is anticipated. Hotel and Villas The hotel and villas portion of the Project is not susceptible to liquefaction, landslides, or lateral spreading. Mitigation measure GEO-3 will require use of engineered fill free of unstable soil at the site to reduce potential risks associated with lateral spreading, subsidence, liquefaction or collapse for all components of the project. The implementation of this mitigation measure will reduce impacts to less than significant levels. The proposed hotel and villas would require approximately 76.89 AFY of water, or 0.00025% of total water in storage. This component of the proposed Project is anticipated to use approximately 8.54 AFY of recycled water for landscaping. The remaining 68.35 AFY of water will be provided via connection to existing CVWD domestic water infrastructure. No excessive withdrawal of water is planned at the site. No new well will be installed to serve this portion of the Project, and therefore, it will not contribute to subsidence. Off -site Improvements Stormwater Management: The existing golf course waste areas which accommodate existing storm flows are not located on an unstable soil to cause lateral spreading, subsidence, or liquefaction. Similarly, the project's connection to off -site storm drain improvements to 49 RESOLUTION NO. 2019-83 accommodate the Project's increase in stormwater runoff will not cause lateral spreading, subsidence, or liquefaction. No impact is anticipated. Pool/Lagoon Discharge: Flushing of water from swimming pools and surf lagoon to the existing golf course lake located south of the Project site will not disturb any unstable soil to cause lateral spreading, subsidence, or liquefaction. No impact is anticipated. Golf Course Turf Reduction: Removal and replacement of existing turf areas with desert landscaping will not involve use of unstable soil to result in lateral spreading, subsidence, or liquefaction. No impact is anticipated. Landscaping Improvements: Landscaping at the project site will not involve use of unstable soil to result in lateral spreading, subsidence, or liquefaction. No impact is anticipated. Overflow Parking: The off -site parking area is already graded; it will be improved using engineered fill compacted to City standards, through implementation of mitigation measure GEO-3, which will assure that impacts are Tess than significant. Soil Removal/Storage: Mitigation measure GEO-3 will require use of engineered fill free of unstable soil at the site to reduce potential risks associated with lateral spreading, subsidence, liquefaction or collapse. With mitigation, impacts will be less than significant. Mitigation Measure GEO-3 Fill Placement and Compaction: Engineered fill shall be free of organic material, debris, and other deleterious substances, and should not contain irreducible matter greater than 3-inches in maximum dimensions. The imported fill shall meet the following criteria: Plastic Index <12 Liquid Limit <35 % Soil Passing #200 Sieve Between 15% and 35% Maximum Aggregate Size 3 inches 3. Unique Paleontological/Geologic Feature Threshold: f) Would the Project directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Finding: Less than significant after mitigation (EIR, p.2.7-21 and -22) Explanation: Surf Lagoon, Surf Center, Hotel and Villas The Project site is not known to contain unique paleontological features; however, construction activities have the potential to reveal Quaternary -age alluvium which has an unknown paleontological resource sensitivity. To reduce the potential impacts to 50 RESOLUTION NO. 2019-83 paleontological resources due to excavation activities, mitigation measure GEO-15 is required. A qualified paleontologist will be required to evaluate any buried paleontological materials discovered during earth -moving operations at the site to reduce Project impacts to Tess than significant levels. Off -site Improvements Stormwater Management: No unique paleontological resource or geologic feature is anticipated to be affected by connecting the site to the golf course's storm drainage system because it will not require deep excavation or grading. No impact is anticipated. Pool/Lagoon Discharge: Extension of the pipelines to the golf course lake would not require deep excavation so no unique paleontological resource or geologic feature is anticipated to be affected. No impact is anticipated. Golf Course Turf Reduction: Removal and replacement of existing turf areas with desert landscaping in the Desert Willow Golf Course will not affect any paleontological resource or geologic feature as these activities will be surficial. No impact is anticipated. Landscaping Improvements: Landscaping at the project site will not affect any paleontological resource or geologic feature as these activities will be surficial improvements. No impact is anticipated. Overflow Parking: The off -site parking area is already graded. Improvements to the parking area would not affect any paleontological resource or geologic feature as these activities will be surficial. No impact is anticipated. Soil Removal/Storage: The removal of soils has the potential to unearth paleontological resources. However, implementation of mitigation measure GEO-15 will reduce potential impacts to less than significant levels. Mitigation Measure GEO-15 If buried paleontological materials are discovered inadvertently during any earth -moving operations associated with the project, all work within 50 feet of the discovery shall be halted or diverted until a qualified paleontologist can evaluate the nature and significance of the finds. E. HAZARDS AND HAZARDOUS MATERIALS Threshold: f) Would the Project impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Finding: Less than significant with mitigation incorporated. (EIR, p. 2.9-11 through -13) Explanation: Surf Lagoon, Surf Center, Hotel and Villas 51 RESOLUTION NO. 2019-83 The majority of construction activities would be confined to the Project site itself; however, limited infrastructure improvements may require some work in adjacent street rights -of -way (Desert Willow Drive and Willow Ridge). These roadways could be used by people evacuating the area during an emergency. Although construction activities may require temporary lane closures, appropriate traffic management and control plans would be followed pursuant to mitigation measures TRANSP-15 and -16. Therefore, the proposed Project would not physically interfere with emergency response or evacuation plans. Impacts would be less than significant. Access to the Project will be taken from Desert Willow Drive, and through the perimeter roadway within the proposed Project. Occasionally, special events would be conducted at the lagoon site, increasing traffic on major roadways. This increase in traffic will not cause significant deterioration in roadway operations (See EIR Section 2.15 Transportation). In addition, to control the traffic on these roads, a Special Event Traffic Management Plan would be prepared for each special event, as described in Mitigation Measures TRANSP-5 through -14 (see Section 5.1., below). With implementation of these measures, special events occurring within the Project will have less than significant impacts on emergency evacuation plans. Off -Site Improvements: Stormwater Management, Pool/Lagoon Discharge, Golf Course Turf Reduction, Landscaping Improvements. and Overflow Parking: The areas where off -site improvements will occur are not located within or along a designated emergency evacuation route. In addition, construction vehicles trips and activities would not physically interfere with any emergency response plan. No impact is anticipated. Soil Removal/Storage: To minimize impacts on major roadways, all Project components, including the staging of haul trucks, will be subject to plan review by the Public Works, Fire, and Police Departments as required by mitigation measure TRANSP-15 (see Section 5.1, below). Any trucks transporting soil off -site to the Classic Club will be temporary travel and after construction is complete, soil removal/storage will cease, and this Project component will have no impact on emergency access or plan. Mitigation Measure TRANSP-5 The Project proponent shall coordinate with City staff to prepare, refine, and approve a Special Event Traffic Management Plan that facilitates the safe and efficient movement of special event traffic, shuttles, and pedestrians. A master management plan shall be prepared that details all potential measures required for a special event, which shall be supplemented with individual plans addressing specific special events based on their size and duration. The Special Event Traffic Management Plan shall be submitted to the City prior to certificate of occupancy for the Surf Center. Individual management plans for specific special events shall be submitted at least 30 days prior to the start of the event. The Special Event Traffic Management Plan shall include the measures identified in Mitigation Measures TRANSP-6 through 14, below. Mitigation Measure TRANSP-6 52 RESOLUTION NO. 2019-83 Shuttle service shall be provided to transport spectators between the Project site and overflow parking lot via Desert Willow Drive, and for any other off -site parking location required to accommodate the parking requirements for each special event. The calculation for number of parking spaces required shall be based on the number of planned attendees, divided by 2.4, and multiplied by 0.70 (70%) (as described in Section 1.10 of the "Desert Wave Traffic Impact Analysis, City of Palm Desert," prepared by Urban Crossroads, March 4, 2019). Shuttle routes and stops shall be identified in the Special Event Traffic Management Plan. Mitigation Measure TRANSP-7 In developing the Special Event Traffic Management Plan, the Project proponent shall include the use of portable changeable message signs (CMS) along Country Club Drive and Cook Street to facilitate event traffic to and from on -site and off -site parking. Mitigation Measure TRANSP-8 In developing the Special Event Traffic Management Plan, the Project proponent shall include the use of law enforcement personnel and/or special event flaggers to direct traffic at the following locations: 1) Desert Willow Drive & Country Club Drive, 2) Cook Street & Market Place Drive, 3) Desert Willow Drive & Market Place Drive, and 4) Desert Willow Drive & Project entrance. Any plans involving law enforcement personnel shall be coordinated with the Palm Desert Police Department. Mitigation Measure TRANSP-9 In developing the Special Event Traffic Management Plan, the Project proponent and City shall include the use of public service announcements (PSA) to provide information to event guests prior to the event. Examples include, but are not limited to, online event information (i.e., suggested routes, parking, etc.), changeable message signs (CMS) prior to the event, and brochures. Mitigation Measure TRANSP-10 The City shall provide traffic signal timing adjustments based on the expected peak arrival and departure periods of the special event at the following locations: 1) Desert Willow Drive & Country Club Drive, 2) Cook Street & Market Place Drive, and 3) Cook Street & Country Club Drive. Mitigation Measure TRANSP-11 In developing the Special Event Traffic Management Plan, the Project proponent shall include the designation of convenient and accessible drop-off and pick-up areas to promote ridesharing and reduce parking demands. The Plan may also include short-term parking with time restrictions of 10-15 minutes for staging areas for ridesharing vehicles. Mitigation Measure TRANSP-12 In developing the Special Event Traffic Management Plan, the Project proponent shall include providing off -site parking facilities for employees to increase available on -site parking for guests. Employee parking sites shall be served by shuttles that transport employees to and from the Project site. Mitigation Measure TRANSP-13 In developing the Special Event Traffic Management Plan, the Project Proponent shall include implementing valet parking to increase available on -site parking capacity. 53 RESOLUTION NO. 2019-83 Mitigation Measure TRANSP-14 The Project proponent shall demonstrate availability of additional parking spaces at Desert Springs Marketplace, the Indian Wells Tennis Garden or other location(s) prior to each special event. Shuttle service to/from the Project site shall be provided to serve all off -site parking locations. Mitigation Measure TRANSP-15 Prior to site disturbance, construction staging plans shall be approved by the Public Works, Fire, and Police Departments to assure they adequately consider and account for temporary detours, changing access to business and residential areas, and emergency access, and that they cause minimal disruption to adjoining streets and land uses, during all phases of Project development. Mitigation Measure TRANSP-16 The Construction Manager shall be required to identify and promptly repair any Project - related damage to existing public roads upon completion of each phase of Project development. The Construction Manager shall monitor the condition of these routes throughout the construction process and, in the event of an accidental load spill or other Project -related incident, shall arrange for the immediate clean-up of any material with street sweepers or other necessary procedures. F. HYDROLOGY AND WATER QUALITY 1. Water Quality Standards and Groundwater Management Thresholds: a) Would the Project violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality? e) Would the Project conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? Finding: Less than significant with mitigation incorporated. (EIR, p. 2.10-13 through -18) Explanation: Surf Lagoon, Surf Center, Hotels, Villas and Off -site Improvements All aspects of the Project will be required to comply with NPDES regulations and the BMPs set forth in the Project -specific WQMP, which minimize the pollutant load associated with urban runoff during construction and operation of the lagoon, surf center, hotel, or villas. The imposition of conditions of approval, local, and state standard requirements and the requirements of the law will assure that the Project will not violate any water quality standards or waste discharge requirements. With the implementation of mitigation measures HYD-1 through HYD-3, Project impacts would be Tess than significant. Mitigation Measure HYD-1 BMPs, as described in the Project -specific WQMP, shall be implemented to ensure that water quality impacts resulting from the Project meet the City's NPDES standards. 54 RESOLUTION NO. 2019-83 Mitigation Measure HYD-2 Exposed soil from excavated areas, stockpiles, and other areas where ground cover is removed shall be stabilized by wetting or other approved means to avoid or minimize the inadvertent transport by wind or water. Mitigation Measure HYD-3 The Project shall be subject to NPDES Construction General Permit requirements. 2. Groundwater Supplies Threshold: b) Would the Project substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? Finding: Less than significant with mitigation (2.10-18 through -25) Explanation: Surf Lagoon, Surf Center, Hotels, Villas and Off -site Improvements The proposed Project will require water for domestic use and landscape irrigation. Based on the Water Supply Assessment (WSA) prepared for the Project, the whole Project would require approximately 165.21 AFY of water at buildout. This is approximately 0.14 percent of CVWD's anticipated 2020 total urban water demand of 114,600 AF, and approximately 0.09 percent of CVWD's anticipated 2040 total urban water demand of 194,300 AF. The WSA requires that the Project implement a Turf Reduction Plan on the Firecliff and Mountain View Golf Courses, which will reduce current irrigation water consumption and offset the water demand of the proposed Project for the lagoon, surf center, hotel, and villas. It is anticipated that the replacement of 1,035,325 square feet of turf with desert landscaping (drought tolerant plants) will save approximately 106.75 AFY of water. On that basis, the net water demand will be 58.46 AFY. This represents approximately 0.05 percent of the total projected water supply of 114,600 AF for 2020, and would represent 0.03 percent of the total projected water supply of 194,300 AF for 2040. The Turf Reduction Program is anticipated to occur concurrent with the construction of the Project, and implementation of Mitigation Measure HYD-4 will assure that the Turf Reduction Program is completed prior to the lagoon's operation. As described in the Project's WSA, CVWD has sufficient water supplies to meet the demands of the Project for the next 20 years. This result is based on the volume of water available in the aquifer, CVWD's Colorado River contract supply, SWP Table A amounts, water rights, and water supply contracts, and CVWD's commitment to eliminate overdraft and reduce per capita water use in CVWD's service area. Based on these findings, the Project will not substantially deplete groundwater supplies or interfere with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level. With implementation of mitigation measure HYD-4, impacts will be less than significant. 55 RESOLUTION NO. 2019-83 Mitigation Measures HYD-4 The Turf Reduction Program shall be completed prior to the issuance of certificates of occupancy for the surf center. 3. Drainage Patterns: Erosion and Siltation Threshold: c) Would the Project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would: i) result in substantial erosion or siltation on- or off -site? Finding: Less than significant with mitigation (EIR, p. 2.10-25 through -27) Explanation: Surf Lagoon, Surf Center, Hotels and Villas Topographically, the Project site consists of flat terrain with a gradual slope toward the south.22 Stormwater percolates into ground surface soils or sheet flows to the south. There are no streams or rivers onsite. Development of the proposed Project will result in demolition of the existing parking lot, onsite grading, and removal of soils to accommodate construction of the lagoon and surf center, construction of impermeable surfaces (buildings, pools, driveways, sidewalks, patios, hardscapes, etc.), as well as new stormwater conveyance pipes that connect to existing drainages within the Desert Willow Golf Course. The proposed Project will alter existing drainage patterns onsite, but proposed stormwater management improvements are designed to adequately manage Project drainage such that the Project will not result in substantial erosion or siltation.23 Drainage waste areas are already available off -site for retaining the 100-year storm event. The Desert Willow drainage plan was designed to accommodate all 100-year storm flows throughout the development. The Project drainage plans integrate into the existing Desert Willow drainage program, and tie into the existing facilities to the northwest and south of the site. The proposed Project also includes a WQMP which provides for BMPs to control erosion and sedimentation entering the proposed drainage pipes. These requirements, to be implemented by mitigation measure HYD-1, will assure that impacts associated with erosion and siltation are reduced to less than significant levels. Off -site Improvements 22 Geotechnical Investigation Report prepared by Sladden Engineering in 2018 (Page 2). 23 Preliminary Hydrological Report for Tentative Tract Map No. 37639 — DSRT SURF prepared by The Altum Group, December 3, 2018. 56 RESOLUTION NO. 2019-83 Stormwater Management and Pool/Lagoon Discharge: The development of the Project will result in an increase in surface runoff, due to increases in the amount of impervious surfaces. This lowers the infiltration rate through the Project site, resulting in the necessity for an on - site drainage system connecting to the existing Desert Willow drainage facilities. Construction of the connections to the existing system will consist of trenching in the existing golf course, laying pipe, and covering and restoring landscaping. These activities will be undertaken to City standards, including storm water BMPs included in both WQMP(s) and SWPPP(s) for these parts of the Project. Because these off -site improvements will be subject to mitigation measure HYD-1, and with City requirements for the protection of surface waters, impacts will be reduced to less than significant levels. Golf Course Turf Reduction: The existing turf areas are not causing any erosion or siltation. Implementation of mitigation measures HYD-1 and HYD-2 will reduce the potential of erosion and siltation during turf reduction activities. Impacts would be less than significant with the implementation of these measures. Landscaping Improvements: The landscaping of the edge of the proposed Project's transition to the golf course could result in both wind and water erosion. Implementation of mitigation measures HYD-1 and HYD-2 will reduce the potential of erosion and siltation during landscaping activities. Impacts would be less than significant with the implementation of these measures. Overflow Parking: The existing off -site parking area is graded. Improvement of the lot will increase the impermeable surfaces on the site. As discussed above, the off -site parking would be required to retain storm waters on site, and to implement BMPs to contain eroded materials, consistent with City standards. Mitigation measures HYD-1 and HYD- 2 will assure that impacts associated with erosion and siltation are reduced to less than significant levels. Soil Removal/Storage: Construction of the proposed Project would require excavation and grading for new utility lines, access roads, trenching for the underground parking structures, and excavation and grading for surface parking lots. Soil material would be exposed to erosion or siltation. However, mitigation measures HYD-1 and HYD-2, and the City's requirements for dust control plans will reduce potential of soil erosion during excavation and transportation of excavated soil to less than significant levels. Mitigation Measure HYD-1 BMPs, as described in the Project -specific WQMP, shall be implemented to ensure that water quality impacts resulting from the Project meet the City's NPDES standards. Mitigation Measure HYD-2 Exposed soil from excavated areas, stockpiles, and other areas where ground cover is removed shall be stabilized by wetting or other approved means to avoid or minimize the inadvertent transport by wind or water. 57 RESOLUTION NO. 2019-83 4. Drainage Patterns: Runoff and Flooding Threshold: c) Would the Project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would: ii) substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site; iii) create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or iv) impede or redirect flood flows? Finding: Less than significant with mitigation (EIR, p. 2.10-28 through -30) Explanation: Surf Lagoon, Surf Center, Hotel and Villas During construction, the proposed Project would not alter a floodway in a manner that would redirect or impede flow during construction. Construction impacts due to development of the lagoon, surf center, hotel and villas would be minimized through compliance with the General Construction Activity Stormwater Permit, including implementation of a SWPPP and the MS4 Permit. The permit requires preparation and implementation of a SWPPP that must include erosion and sediment control BMPs that would meet or exceed measures required by the determined risk level of the Construction General Permit. A construction site monitoring program that identifies monitoring and sampling requirements during construction is a required component of the SWPPP. Impacts will be less than significant. Development of the lagoon, surf center, hotel and villas would alter existing on -site drainage patterns and flowpaths with the addition of new impervious surfaces. The Project includes tie- in to the existing storm drain system within the Desert Willow Golf Course for all planned components. The lagoon will be designed as a "self -treating area," which would not be generating any surface runoff during regular operational activities. Water from the lagoon will be discharged in to the artificial lake located south of the golf course via evacuation line. This water will be treated prior to discharge. The surf center and associated parking structure are located in sub -drainage areas 3 and 4, which are designed to carry stormwater into two existing drainage waste areas located northwest and southeast of the site within the Desert Willow Golf Course. The lake and existing drainage waste areas have enough capacity to accommodate water from the lagoon and subareas 3 and 4 and would not exceed its capacity to cause surface runoff and flooding. The hotel and villas are located in sub -drainage areas 1 and 2 which are designed to carry surface runoff or stormwater into two existing drainage waste areas located northwest and 58 RESOLUTION NO. 2019-83 south of the site within the Desert Willow Golf Course. These existing drainage waste areas in the Desert Willow Golf Course have adequate capacity to accommodate projected flows from the hotel and villas. Overall, the Project would generate runoff due to increased amounts of impervious surfaces; however, it is not anticipated to create or make a significant contribution to runoff which would exceed the capacity of the existing storm drain system within the Desert Willow Golf Course and add substantial additional sources of polluted runoff. With compliance with the MS4 Permit, and implementation of mitigation measures HYD-1 through HYD-3, the operational impacts would be Tess than significant. Off -site Improvements Stormwater Management: The off -site stormwater pipes that will connect to the existing golf course facilities will be part of the overall drainage plan for the Project, and will therefore not increase runoff, but instead manage it. Pollutant control will be effected through the implementation of mitigation measures HYD-1 through HYD-3. With implementation of these mitigation measures, impacts will be reduced to less than significant levels. Pool/Lagoon Discharge: Water flushed from pools and the lagoon during daily operations will be treated, as required, and conveyed via an underground pipe to the golf course lake. These activities are part of the daily maintenance of the Project, and will not impact flooding, as any water accumulated in the lagoon or pools would be accommodated in these facilities, and would not increase on -site flows. Golf Course Turf Reduction and Landscaping Improvements: Turf areas within the golf course currently are part of the existing golf course drainage plan, and drain into existing facilities. Replacement of turf with desert landscaping will not change these conditions, or the amount of stormflow generated in these areas. No impact is anticipated. Overflow Parking: This parking lot will be improved without any significant changes to its existing drainage pattern, with the addition of required retention facilities. The requirements of mitigation measures HYD-1 through HYD-3 will apply to this component of the Project, reducing impacts to less than significant levels Soil Removal/Storage: Soil removal and distribution on off -site locations will not contribute to increased storm flows. The distribution of soils on other parts of the golf course, or its transport to an off -site location at the Classic Club would not impact flood control systems. In either case, soil would be integrated into existing facilities, and storm flows would not be affected. No impact is anticipated. Mitigation Measure HYD-1 BMPs, as described in the Project -specific WQMP, shall be implemented to ensure that water quality impacts resulting from the Project meet the City's NPDES standards. Mitigation Measure HYD-2 59 RESOLUTION NO. 2019-83 Exposed soil from excavated areas, stockpiles, and other areas where ground cover is removed shall be stabilized by wetting or other approved means to avoid or minimize the inadvertent transport by wind or water. Mitigation Measure HYD-3 The Project shall be subject to NPDES Construction General Permit requirements. G. PUBLIC SERVICES Threshold: a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: • Fire protection • Police protection Finding: Less than significant with mitigation (EIR, p. 2.14-6 through -14) Explanation: The construction of all components within the proposed Project will result in a potential increase in the need for security to prevent theft or vandalism of construction activities and equipment. This potential impact can be avoided with the implementation of mitigation measure PS-4, which requires that construction sites and equipment and storage areas be fenced and locked outside of construction hours. Surf Lagoon and Surf Center In addition to the public access points provided on Desert Willow Drive, a third emergency access will be provided at the northwestern portion of the project, from the adjacent Westin project Willow Ridge roadway. The internal roadway system would be designed to provide looped secondary emergency vehicle access and egress. Fire lanes, turning radii and back up space around buildings will require approval of the Fire Marshall, so as to be assure adequate access for emergency and fire equipment vehicles. The operation of the lagoon and surf center will increase the demand for police and fire protection and emergency response services. Increased risks may include water safety and emergency medical incidents, particularly at the surf lagoon and during special events. Overall, with the buildout of the proposed lagoon and surf center, the net increase in persons at the project site on a daily basis would not require a substantial increase in police or fire protection services in order to maintain the current service ratio for these services. No new or expanded stations, the construction of which could cause significant environmental impacts, would be needed as a result of the proposed Project. However, additional police and fire department support may be required during special events, and private security personnel 60 RESOLUTION NO. 2019-83 should be employed onsite to minimize additional demands for police services. To assure that impacts associated with public safety services are mitigated, Mitigation Measures PS-1 through PS-3 require the provision of private security services on site, and the coordination and approval of RCSD for special events. With implementation of Mitigation Measures PS-1 through PS-3, impacts to police and fire protection services would be Tess than significant. Hotel and Villas The major public roads that serve the Project site are the same as those described above for the surf lagoon and surf center. The same requirements for fire lanes, turning radii and back up space around buildings will apply to the hotel(s) and villas, and will require approval of the Fire Marshall. The Project's demand for services is expected to be consistent with that of other residential and resort development in the Project vicinity. It is not expected to require the construction of new or physically altered facilities that might result in physical environmental impacts. Impacts are expected to be less than significant. Off -site Improvements Stormwater Management, Pool/Lagoon Discharge, Golf Course Turf Reduction and Landscaping Improvements: These components of the Project would not generate any demand for police or fire protection services, therefore, no impact is anticipated. Overflow Parking: The use of the off -site parking facility will be associated with the special events held at the Surf Lagoon, and would be tied to safety and traffic plans for these events. The use of the parking lot will have similar impacts to fire protection during special events as the surf center, and would be subject to Mitigation Measures PS-2 and PS-3, assuring that impacts are reduced to Tess than significant levels. Soil Removal/Storage: These components of the Project would not generate any demand for police or fire protection services, therefore, no impact is anticipated. Mitigation Measure PS-1 All components of the Project shall be required to employ on -site private security. Mitigation Measure PS-2 Per the City's Municipal Code Sections 5.87.180 and 5.100.02024, at least two weeks prior to a special event at the lagoon area, the applicant shall file a "Special Event Temporary Entertainment Permit." Event notifications and specifics shall be approved in advance with the RCSD and Fire Marshall prior to scheduled events. Mitigation Measure PS-3 Project facilities shall be designed and maintained to maximize public safety, including providing secure facilities access and parking, adequate nighttime lighting, maximization of defensible space and minimization of "dead zones, "and professional security personnel. The 24 Palm Desert Municipal Code 5.87.180 (Special events notification required) and 5.100.020 (Special event temporary entertainment permit required). 61 RESOLUTION NO. 2019-83 Project proponent shall coordinate with the Police Department to assure the Project is designed to address these and other safety concerns. Mitigation Measure PS-4 During construction, excavation areas, construction staging, and storage areas shall be fenced and locked. All equipment shall be returned to staging and storage areas at the end of each work day. H. TRAFFIC AND TRANSPORTATION 1. Circulation System Compliance Threshold: a) Does the Project conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? Finding: Less than significant with mitigation (EIR, p. 2.15-12 through -23) Explanation: Surf Lagoon, Surf Center, Hotels and Villas Palm Desert LOS Policy According to the Palm Desert General Plan, the City's optimal level -of -service for intersections and roadway segments is LOS C, but LOS D is considered the minimum acceptable service level. The Traffic Impact Analysis (TIA) determined that the intersection at Cook Street and Market Place Drive currently operates at an unacceptable LOS during PM peak hours, and with the addition of the Project, it will continue to operate at an unacceptable LOS during one or more peak hours. Mitigation will be required to reduce impacts to less than significant levels, as provided in mitigation measure TRANSP-1, which requires that the Project pay its fair share of the installation of a traffic signal at this location. Further, the Development Agreement requires that the payment be made by the Project proponent, and that the City install the signal prior to the issuance of a certificate of occupancy for the Surf Center. This assures that the improvement will be complete at the time that the Project is operational, and that the impact will be less than significant when the Project begins operations. TIA Assumptions and Scenarios The TIA evaluated five (5) Project impact scenarios. Detailed descriptions, data tables, and exhibits are contained in the TIA (Appendix H of the EIR). Where ambient growth was included in the analysis, an ambient growth factor of 6.12% (2% per year over 3 years, compounded annually) was used to account for background traffic growth. 1. Existing Conditions Plus Proiect E+P: As shown in Tables 2.15-2 through -3 of the EIR, E+P conditions will result in unacceptable LOS at the intersection of Cook Street and Market Place Drive. 62 RESOLUTION NO. 2019-83 2. Existing Conditions + Ambient Growth + Project (EAP (2022, Typical Operation)): As shown Tables 2.15-5 and -6 of the EIR, EAP (2022, Typical Operation) conditions will result in unacceptable LOS at the intersection of Cook Street and Market Place Drive. 3. EAP (2022, Special Event) (Existing Conditions + Ambient Growth + Proiect): Special event analysis assumes weekend arrival and departure peak hours. As shown in Tables 2.15-8 and -9 of the EIR, EAP (2022, Special Event) conditions will result in unacceptable LOS at the intersection of Cook Street and Market Place Drive. The TIA also analyzed potential impacts of the proposed Project on the 1-10 freeway ramps at Cook Street, since special events are expected to attract travelers from more distant locations that will require freeway travel. As shown in Table 2.5-11 of the EIR, the freeway off -ramps will operate at acceptable levels during special events. With installation of a traffic signal (Mitigation Measure TRANSP-1), the Cook Street and Market Place Drive intersection will operate at an acceptable LOS. Expansion of the eastbound left turn lane on Market Place Drive at Cook Street to a minimum of 165 feet (Mitigation Measure TRANSP-2) will also reduce Project impacts at this intersection. Mitigation measures TRANSP-3 and TRANSP-4 will further enhance site access and traffic safety at the Project site by requiring implementation of onsite traffic signing and striping plans and review of sight distance at Project access points. Transit, Bicycle, and Pedestrian Facilities The surf lagoon, surf center, hotel, and villas will have no impact on transit, bicycle, or pedestrian facilities. The Project will not impact sidewalks or golf paths within Desert Willow Golf Course. It does not propose new transit or bicycle facilities, or modifications to existing ones, and will not conflict with any such programs, plans, ordinances, or policies. Internal walkways and trails will connect to existing sidewalks and pathways on Desert Willow Drive, which then connect to sidewalks on Country Club Drive. Off -Site Improvements Stormwater Management, Pool/Lagoon Discharge, Golf Course Turf Reduction and Landscaping Improvements: These Project component involve installation of subsurface infrastructure and landscaping. They will have no impact on circulation system plans, policies, or programs. Overflow Parking: It is expected that the proposed Project will host special events that could result in up to 3,500 guests. Additional parking for such events is planned at the overflow parking lot at the southeast corner of Desert Willow Drive and Market Place Drive. Preliminary designs for this parking lot estimate that approximately 285± parking spaces can be provided in a fully improved parking lot. The TIA determined that with a fully attended special event, up to 1,459 vehicles would require parking during a special event day. This estimate is based on the estimated number of guests at special events (3,500) and a vehicle occupancy ratio of 2.4 persons per vehicle. The TIA further determined that since these guests would be coming and going, up to 1,021 parking spaces would be required to accommodate a special event. In addition to the 285 parking spaces available at the overflow parking lot, up to 736 additional parking spaces would be required. Off -site parking venues and shuttle service would be required to 63 RESOLUTION NO. 2019-83 supplement the Project's parking demand. A number of off -site locations are possible, including a portion of the 13,000 parking spaces available at the Indian Wells Tennis Garden, which has indicated that it would have capacity to rent parking spaces to the proposed Project for special events. Without additional off -site parking, however, potential impacts associated with parking and site access could result in significant impacts to the Project site and surrounding roadway network. However, implementation of mitigation measures TRANSP-5 through TRANSP-14 will reduce potential impacts to less than significant levels. They require the Project proponent to implement a Special Event Traffic Management Plan that uses temporary signage, flaggers, traffic signal timing adjustments, shuttle services, and other mechanisms to facilitate the movement of special event traffic and reduce impacts to roads in the Project vicinity. With implementation of these mitigation measures, parking impacts during special events will be reduced to less than significant levels. Soil Removal/Storaqe: The removal and storage of soils will have no impact on circulation plans, policies, or programs. Any haul trucks transporting excess Project soils to the Classic Club (2.5 miles to the north) can be expected to use Country Club Drive and Cook Street, both of which are designated truck routes. Mitigation Measure TRANSP-1 The Project proponent shall pay its fair share of the costs of installing a traffic signal at the intersection of Cook Street and Market Place Drive. The fair share amount shall be 12.1 %, as defined in Table 1-5 of the "DSRT SURF Traffic Impact Analysis, City of Palm Desert," prepared by Urban Crossroads, March 4, 2019. Signal timing shall be coordinated with the traffic signal at the intersection of Cook Street and Country Club Drive. Mitigation Measure TRANSP-2 The Project shall extend the eastbound left turn lane on Market Place Drive at Cook Street to provide a minimum of 165 feet of storage. Mitigation Measure TRANSP-3 Onsite traffic signing and striping shall be implemented in conjunction with detailed construction plans for the Project site. Mitigation Measure TRANSP-4 Sight distance at each Project access point shall be reviewed with respect to Caltrans and City of Palm Desert sight distance standards at the time of preparation of final grading, landscape, and street improvement plans. Mitigation Measure TRANSP-5 The Project proponent shall coordinate with City staff to prepare, refine, and approve a Special Event Traffic Management Plan that facilitates the safe and efficient movement of special event traffic, shuttles, and pedestrians. A master management plan shall be prepared that details all potential measures required for a special event, which shall be supplemented with individual plans addressing specific special events based on their size and duration. The Special Event Traffic Management Plan shall be submitted to the City prior to certificate of occupancy for the Surf Center. Individual management plans for specific special events shall be submitted at least 30 days prior to the start of the event. The Special Event Traffic Management Plan shall include the measures identified in Mitigation Measures TRANSP-6 through 14, below. 64 RESOLUTION NO. 2019-83 Mitigation Measure TRANSP-6 Shuttle service shall be provided to transport spectators between the Project site and overflow parking lot via Desert Willow Drive, and for any other off -site parking location required to accommodate the parking requirements for each special event. The calculation for number of parking spaces required shall be based on the number of planned attendees, divided by 2.4, and multiplied by 0.70 (70%) (as described in Section 1.10 of the "DSRT SURF Traffic Impact Analysis, City of Palm Desert," prepared by Urban Crossroads, March 4, 2019). Shuttle routes and stops shall be identified in the Special Event Traffic Management Plan. Mitigation Measure TRANSP-7 In developing the Special Event Traffic Management Plan, the Project proponent shall include the use of portable changeable message signs (CMS) along Country Club Drive and Cook Street to facilitate event traffic to and from on -site and off -site parking. Mitigation Measure TRANSP-8 In developing the Special Event Traffic Management Plan, the Project proponent shall include the use of law enforcement personnel and/or special event flaggers to direct traffic at the following locations: 1) Desert Willow Drive & Country Club Drive, 2) Cook Street & Market Place Drive, 3) Desert Willow Drive & Market Place Drive, and 4) Desert Willow Drive & Project entrance. Any plans involving law enforcement personnel shall be coordinated with the Palm Desert Police Department. Mitigation Measure TRANSP-9 In developing the Special Event Traffic Management Plan, the Project proponent and City shall include the use of public service announcements (PSA) to provide information to event guests prior to the event. Examples include, but are not limited to, online event information (i.e., suggested routes, parking, etc.), changeable message signs (CMS) prior to the event, and brochures. Mitigation Measure TRANSP-10 The City shall provide traffic signal timing adjustments based on the expected peak arrival and departure periods of the special event at the following locations: 1) Desert Willow Drive & Country Club Drive, 2) Cook Street & Market Place Drive, and 3) Cook Street & Country Club Drive. Mitigation Measure TRANSP-11 In developing the Special Event Traffic Management Plan, the Project proponent shall include the designation of convenient and accessible drop-off and pick-up areas to promote ridesharing and reduce parking demands. The Plan may also include short-term parking with time restrictions of 10-15 minutes for staging areas for ridesharing vehicles. Mitigation Measure TRANSP-12 In developing the Special Event Traffic Management Plan, the Project proponent shall include providing off -site parking facilities for employees to increase available on -site parking for guests. Employee parking sites shall be served by shuttles that transport employees to and from the Project site. Mitigation Measure TRANSP-13 In developing the Special Event Traffic Management Plan, the Project Proponent shall include implementing valet parking to increase available on -site parking capacity. 65 RESOLUTION NO. 2019-83 Mitigation Measure TRANSP-14 The Project proponent shall demonstrate availability of additional parking spaces at Desert Springs Marketplace, the Indian Wells Tennis Garden or other location(s) prior to each special event. Shuttle service to/from the Project site shall be provided to serve all off -site parking locations. 2. Emergency Access Threshold: d) Would the Project result in inadequate emergency access? Finding: Less than significant with mitigation (EIR, p. 2.15-29 and -30) Explanation: Surf Lagoon, Surf Center, Hotel and Villas Emergency vehicles will be able to access the surf lagoon, surf center, hotel, and villas via two main driveways on Desert Willow Drive and a gated emergency entrance on Willow Ridge. The internal roadway will provide vehicular access around the perimeter of the lagoon. Prior to the initiation of any site disturbance, the Project proponent will be required to confer with the City Public Works, Fire, and Police departments to assure that demolition (of the existing parking lot), grading, and construction plans provide adequate emergency access. All development plans will be reviewed by the Police and Fire Departments to assure that adequate fire lanes, vehicle turning radius, and signage is provided for emergency vehicles during all phases of development and operation (Mitigation Measures TRANSP-15 through TRANSP-19). With implementation of these mitigation measures, Project -related impacts will be Tess than significant. Off -Site Improvements Stormwater Management. Pool/Lagoon Discharge: Construction of all Project components, including stormwater management infrastructure, will be subject to plan review by the Public Works, Fire, and Police Departments (TRANSP-15), which will reduce potential impacts to Tess than significant levels. After construction is complete, this Project component will have no impact on emergency access. Golf Course Turf Reduction: The replacement of turf with desert landscaping will have no impact on emergency access. After the program is complete, this Project component will have no impact on emergency access. Landscaping Improvements: Installation of perimeter landscaping will be incorporated into project plans, and will be subject to the same coordination with Public Works, Fire and Police as other project components, which will reduce impacts to less than significant levels. After installation is complete, this Project component will have no impact on emergency access. Overflow Parking: Direct emergency access to the overflow parking lot is currently provided via Market Place Drive on the north and Desert Willow Drive on the west; this will remain the 66 RESOLUTION NO. 2019-83 same after the parking lot is paved and improved. Construction and vehicle staging plans associated with improvement of the parking lot will be subject to review by the Public Works, Fire, and Police Departments (TRANSP-15), which will reduce potential impacts to less than significant levels. After improvements are complete, access will remain via both roads currently serving the site, and will provide emergency access for Fire and Police calls. Soil Removal/Storage: All Project components, including the staging of haul trucks, will be subject to plan review by the Public Works, Fire, and Police Departments (TRANSP-15), which will reduce potential impacts to less than significant levels. Any trucks transporting soil off -site to the Classic Club will travel on existing roads; Mitigation measure TRANSP-16 will assure that any Project -related spills are cleaned up immediately. After construction is complete, soil removal/storage will cease, and this Project component will have no impact on emergency access. Mitigation Measure TRANSP-15 Prior to site disturbance, construction staging plans shall be approved by the Public Works, Fire, and Police Departments to assure they adequately consider and account for temporary detours, changing access to business and residential areas, and emergency access, and that they cause minimal disruption to adjoining streets and land uses, during all phases of Project development. Mitigation Measure TRANSP-16 The Construction Manager shall be required to identify and promptly repair any Project - related damage to existing public roads upon completion of each phase of Project development. The Construction Manager shall monitor the condition of these routes throughout the construction process and, in the event of an accidental load spill or other Project -related incident, shall arrange for the immediate clean-up of any material with street sweepers or other necessary procedures. Mitigation Measure TRANSP-17 The final location and design of the site access points and internal circulation improvements shall comply with City of Palm Desert access and design standards and be reviewed by the City Engineer and Fire and Police Departments. Mitigation Measure TRANSP-18 Parking adjacent to the surf lagoon, surf center, hotel, villas, and other buildings shall be prohibited, where necessary, to provide unobstructed access by emergency service vehicles and first responders. Mitigation Measure TRANSP-19 The Police and Fire Departments shall be provided with a Knox Box or other master key or access code that enables immediate entry to the Project's secured emergency access gate on Willow Ridge. 67 RESOLUTION NO. 2019-83 SECTION 6: FINDINGS REGARDING ENVIRONMENTAL IMPACTS NOT FULLY MITIGATED TO A LEVEL OF LESS THAN SIGNIFICANT The City Council hereby finds that, despite the incorporation of Mitigation Measures outlined in the EIR and in this Resolution, the following impacts from the DSRT SURF Project and related approvals cannot be fully mitigated to a less than significant level and a Statement of Overriding Considerations is therefore included herein: A. AIR QUALITY Threshold: b) Would the Project result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard? Finding: Significant and unavoidable with mitigation incorporated. (EIR, p. 2.3-13 through - 18) Explanation: Due to the cumulative nature of assessing air quality impacts, the following discussion and analysis addresses the entire Project as a whole, including the surf lagoon, surf center, hotels, villas, and off -site improvements. Buildout of the proposed Project will result in the direct and indirect generation and emission of air pollutants during construction and operation. The California Emissions Estimator Model (CaIEEMod), version 2016.3.2, was used to estimate potential air pollutant emissions associated with the proposed Project. As shown in Table 2.3-6 Construction Emissions Summary, as revised (EIR, p 2.3-14), SCAQMD daily thresholds for CO, NOX, ROG, SOx, PM10 and PM2.5 will not be exceeded during construction of the proposed Project, and those impacts will be less than significant. However, as described below, emissions during the life of the Project will exceed SCAQMD thresholds. Operational emissions are those released over the Tong -term life of the proposed Project. They include emissions generated by area, energy, and mobile sources. Separate emissions estimates were provided for typical operations versus special event operations. As explained in Section 1 of the EIR, the Project could host special events that attract up to 3,500 spectators and require use of an overflow parking lot and shuttle service. It is currently unknown how many special events will be held annually. However, it is assumed that 12 special events would be held annually. Trip generation numbers are those reported in the Project -specific traffic impact analysis (Appendix H of the EIR), and represent conservative maximum potential trips: 5,496 weekday daily trips during typical operations, and 7,288 weekend daily trips during special events. It is also assumed that the average trip length is 25 miles to account for visitors traveling to the project site from greater distances throughout the valley25. 25 It is assumed as an average of local commuters (workers and valley residents traveling an average of 7 miles) and regional/southern California commuters traveling approximately 75-100 miles, most 68 RESOLUTION NO. 2019-83 As shown in Table 2.3-7 Unmitigated Operational Emissions Summary, as revised (EIR, p. 2.3-17), Project -generated operational emissions will not exceed SCAQMD thresholds for CO, ROG, SOX, PM,o, or PM2.5 during typical operations or special events. However, Project - generated NOx emissions will exceed SCAQMD thresholds during both types of operations. Projected NOX exceedances are largely associated with the number of vehicle trips expected to be generated at Project buildout. Approximately 94 percent of Project -related NOx emissions are due to motor vehicle trips. Because Project -related NOx emissions are directly linked to motor vehicle trip generation rates associated with the proposed land uses, there are no feasible ways to mitigate NOx emissions without changing project land uses, or project density. The number of vehicle trips could be reduced, to some extent, by the use of alternative modes of transportation by those accessing the Project site. A Sunline Transit Agency bus stop is located immediately adjacent to Desert Willow Golf Resort, at the intersection of Country Club Drive and Desert Willow Drive. A Class III bike lane extends along Country Club Drive, just outside the Desert Willow Golf Resort. Use of these facilities by Project patrons and employees would reduce Project -related vehicle trips and consumption of fossil fuels. However, the elective use of alternative modes of transportation by Project patrons cannot be confidently quantified and applied as a mitigation measure. Therefore, operational impacts will continue to exceed NOx emission thresholds, and impacts will be significant and unavoidable. Health Impacts With today's technology, it is not scientifically possible to calculate the degree to which exposure to various levels of NOx emissions will impact an individual's health. Although there is a scientific consensus that there are health risks associated with exposure to elevated levels of NOx, there are several factors that make predicting a Project -specific numerical impact difficult: • Not all individuals will be affected equally due to medical history. Some may have medical pre -dispositions and diet and exercise levels tend to vary across a population. • Due to the dispersing nature of the pollutant and transient nature of vehicles (the emission source), it is difficult to locate and identify which group of individuals will be impacted, either directly or indirectly. • There are currently no approved methodologies or studies to base assumptions on, such as baseline health levels or NOx emission level -to -health risk ratios. On -site health risks associated with NOx are expected to be less than significant because the project is not located in proximity to a major roadway and will not directly be exposed to concentrated vehicle emissions or elevated levels of NOx. However, for the reasons stated above, it is uncertain how the Project will impact health in the region. Because the Project's NOx exceedances are due to motor vehicle travel, and motor vehicle travel increases with population growth, it can be assumed that individuals in the region are already exposed to increasing levels of NOx emissions and that the Project with only marginally contribute to existing conditions. Additionally, Project emissions assume full capacity traffic conditions. In of whom will be staying at the proposed hotels. Hotel guests will commute 75-100 miles to and from the project site, but the duration of their stay will be local and limited to approximately 2-5 miles. Therefore, a daily length of 25 miles was applied to provide an average trip length. 69 RESOLUTION NO. 2019-83 reality, the Project site will not reach capacity most days, especially in the winter months due to the seasonal nature of Project activities (surfing). The extent to which the Project poses a health risk is uncertain but unavoidable. It is anticipated that impacts associated with NOx will be Tess than significant overall, and will only pose a significant risk during summer special events due to the seasonal nature of Project activities and the reality that the Project is not expected to reach maximum capacity often, thus generating fewer vehicle trips. Cumulative Contribution: Non -Attainment Criteria Pollutants CO, NO., and ROG are precursors to ozone, for which the Coachella Valley is in non - attainment. The Project will not exceed thresholds for CO or ROG; however, it will contribute to increased regional NOx emissions. Mitigation measures AQ-1 through AQ-8 provide a number of strategies to reduce operational air emissions to the greatest extent possible, including but not limited to the provision of electric charging stations, the limitation of idling delivery vehicle times, and the creation of Employee Commute Reduction Programs for large employers within the Project, such as the future hotels. Mitigation Measure AQ-1 Electric Vehicle Charging Stations At least 6% of all vehicle parking spaces shall include EV charging stations and 8% of all vehicle parking spaces shall include designated parking for clean air vehicles. Mitigation Measure AQ-2 Delivery Vehicle Idling Time Delivery vehicle idling time shall be limited to no more than five minutes. For any delivery that is expected to take longer than five minutes, the vehicle's operator shall be required to shut off the engine. The Project proponent shall notify vendors of these idling requirements at the time the delivery purchase order is issued and again when vehicles enter the facility. Signs shall be posted at entry to the facility's delivery area stating that idling longer than five minutes is not permitted. Mitigation Measure AQ-3 Employee Commute Any employer than employs 250 or more employees at a work site, on a full or part-time basis, shall implement an Employee Commute Reduction Program (ECRP) under SCAQMD Rule 2202, On -Road Motor Vehicle Mitigation Option. Mitigation Measure AQ-4 Paving and Roofing Materials Light-colored paving and roofing materials shall be utilized onsite, to the greatest extent practical. Mitigation Measure AQ-5 Energy Star Energy Star heating, cooling, and lighting devices, and appliances shall be installed onsite to the greatest extent practical. Mitigation Measure AQ-6 Sweepers 70 RESOLUTION NO. 2019-83 Electric or alternatively fueled sweepers with HEPA filters shall be used onsite to the greatest extent practical. Mitigation Measure AQ-7 Lawn Maintenance Electric lawn mowers and leaf blowers shall be used onsite to the greatest extent practical. Mitigation Measure AQ-8 Cleaning Products Water -based or low VOC cleaning products shall be used to the greatest extent practical. However, as previously described, even with the implementation of these measures, impacts associated with operations of the proposed Project at build out will remain significant and unavoidable. B. GREENHOUSE GASES Threshold: a) Would the Project generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? Finding: Significant and unavoidable with mitigation incorporated. (EIR, p. 2.8-7 through -10) Explanation: Due to the cumulative nature of assessing GHG emission impacts, the following discussion and analysis addresses the entire Project as a whole, including the surf lagoon, surf center, hotels, villas, and off -site improvements. Buildout of the proposed Project will result in the direct and indirect generation and emission of GHGs during construction and operation. The California Emissions Estimator Model (CaIEEMod), version 2016.3.2, was used to estimate potential GHG emissions associated with the proposed Project. Construction emission results are summarized in Table 2.8-1, as revised (EIR, p. 2.8-7). GHG emissions will be temporary and will end once construction is complete. All components of construction, including equipment, fuels, and materials, will be subject to current regulations of GHGs and equipment efficiency standards, which are meant to reduce GHG emissions. There are currently no construction -related GHG emission thresholds for projects of this nature. To determine if construction emissions will result in a significant impact, build out GHG emissions were amortized over a 30-year period and added to annual operational emissions to be compared to applicable GHG thresholds.26 Operational emissions will occur throughout the life of the Project. At buildout, five emission source categories will contribute either directly or indirectly to operational GHG emissions: 26 "Interim CEQA GHG Significance Threshold for Stationary Sources, Rules and Plans," SCAQMD, December 5, 2008. 71 RESOLUTION NO. 2019-83 energy/electricity usage, water usage, solid waste disposal, area emissions (pavement and architectural coating off -gassing), and mobile sources. Annual operational GHG emissions generated by the proposed Project were analyzed under two scenarios: 1) typical operations, and 2) special event operations. For analysis purposes, it was assumed that 12 special events would be held per year. Special event emissions have been added to typical operation emissions and amortized construction emissions, as shown in Table 2.8-3, as revised, of the EIR (p. 2.8-9). Operation of the Proposed Project would emit approximately 18,000 MT/CO2E annually. The bulk of operational emissions are largely due to the number of vehicle trips generated by the Project. The SCAQMD draft interim guidance document27 recommends a threshold for all projects using a tiered approach. It was recommended by SCAQMD staff that a project's greenhouse gas emissions would be considered significant if it could not comply with at least one of the following "tiered" tests: Tier 1: Is there an applicable exemption? Does Not Comply: The proposed Project does not qualify for an applicable exemption under CEQA. Tier 2: Is the project compliant with a greenhouse gas reduction plan that is, at a minimum, consistent with the goals of AB 32? Does Not Comply: Although the City of Palm Desert has an adopted Environmental Sustainability Plan which is consistent with AB 32, the Project would not comply with Tier 2 because the Plan is not a CEQA certified document. SCAQMD requires that the "greenhouse gas reduction plan," in this case the Sustainability Plan, have a certified Final CEQA document. Tier 3: Is the project below an absolute threshold (10,000 MTCO2e/yr for industrial projects; 3,000 MTCO2e/yr for residential and commercial projects)? Does Not Comply: The proposed Project is considered a commercial project and is estimated to emit 18,048.97 MT of CO2e annually. Tier 4: Is the project below a (yet to be set) performance threshold? Does Not Comply: There are currently no performance thresholds applicable to the proposed Project to measure against. Tier 5: Would the project achieve a screening level with off -site mitigation? Does Not Comply: The off -site mitigation proposed for the Project (Turf Reduction Plan) will offset water demands, but will not reduce Project GHG emissions to achieve a screening level. The Project would not comply with any of the tiered tests presented above, and will therefore have significant and unavoidable impacts associated with GHG emissions. Mitigation Measure GHG-1 assures that the Project adheres to the Palm Desert Environmental Sustainability PIan28, and its implementation would help reduce GHG emission 27 Draft Guidance Document — Interim CEQA Greenhouse Gas (GHG) Significance Threshold, prepared by SCAQMD, October 2008. 28 It should be noted that adherence to the Environmental Sustainability Plan, which is consistent with AB 32, would not comply with Tier 2 because the Plan is not a CEQA certified document. SCAQMD requires that the "greenhouse gas reduction plan," in this case the Sustainability Plan, have a certified Final CEQA document. 72 RESOLUTION NO. 2019-83 impacts. However the reductions associated with GHG-1 cannot be quantified, and emissions will remain significant and unavoidable. Mitigation Measure GHG-1 The Project shall implement the policies of the Palm Desert Environmental Sustainability Plan applicable to its development. The Project shall adhere to the following principals, goals, and actions: • Adherence to California Building Code, Title 24; • Assess potential for light-colored surfaces and shading to reduce urban heat island effect; • Incorporate solar power; • Use water efficient technologies to reduce water waste; • Require mandatory waste diversion of 100% inert and 75% other debris from residential, commercial, and construction debris; • Promote programs that replace turf with native low water -use plants, trees, ground cover and "hard-scapes," including the redesign of golf courses to reduce the amount of irrigation required; • Use "desert style landscaping" and require "time -of -use" irrigating to reduce evaporation. Threshold: b) Does the Project conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? Finding: Significant and unavoidable with mitigation incorporated. (EIR, p. 2.8-7 through -10) Explanation: All components of construction and operation, including equipment, fuels, materials, and management practices, would be subject to current SCAQMD rules and regulations related to greenhouse gases. The Project will also adhere to the required state Low Carbon Fuel Standard for construction equipment and heavy-duty vehicle efficiency standards. Because the Project would result in Significant and Unavoidable impacts, as discussed above, it can be argued that operational impacts would conflict with GHG reduction goals because operation of the Project would either exceed or not comply with SCAQMD's interim tiered thresholds. By exceeding such thresholds, the Project is contributing to GHG emissions at a level that is not conducive to reducing state and local GHG emissions. Although implementation of Mitigation Measure GHG-1 (above) will assure the Project complies with the Palm Desert Environmental Sustainability Plan, impacts are considered significant and unavoidable. 73 RESOLUTION NO. 2019-83 SECTION 7: FINDINGS REGARDING CUMULATIVE ENVIRONMENTAL IMPACTS The State CEQA Guidelines (14 CCR 15130) require a reasonable analysis of the significant cumulative impacts of a Proposed Project. Cumulative impacts are defined by CEQA as "two or more individual effects which, when considered together, are considerable or which compound or increase other environmental impacts" (State CEQA Guidelines, Section 15355). Currently there are several projects with approved environmental documentation proposed to occur within or near the project vicinity. Consistent with CEQA's requirements, the EIR for the DSRT SURF Specific Plan includes an analysis of cumulative impacts, which include the impacts of DSRT SURF plus all other pending or approved projects within the affected area for each resource. The geographic scope of the analysis the jurisdictions of the Coachella Valley, unless specifically identified below. The City Council hereby finds as follows: A. AESTHETICS Visual resources in Palm Desert at build out of the General Plan were considered to determine the extent to which the proposed Project would impact aesthetic resources. General Plan and zoning policies and standards relating to visual resources and lighting were also evaluated. The hillsides and the slopes of surrounding mountain ranges are a defining feature of the Coachella Valley and highly valued by residents and visitors. The Project site is on the valley floor and not within or near a scenic roadway or view corridor that showcases scenic views. It is in an urban area characterized by commercial, residential, resort, and other development that generates traffic and light sources. The Project is consistent with these land uses and golf course and resort residential development in the immediate vicinity, as well as building heights and architectural styles in the area, and permitted in the General Plan and Zoning Ordinance. It will not significantly change the visual character of the area or contribute to cumulative increases in visual effects. Aesthetic impacts associated with the Project will be less than cumulatively considerable. (EIR, p. 2.2-42). B. AGRICULTURE AND FORESTRY RESOURCES The Project will not affect any agricultural and forestry resources because it will not occur on or adjacent to any such resource. (EIR, p. 2.1-2) C. AIR QUALITY The SSAB is designated as nonattainment under both the CAAQS and the NAAQS for ozone and PMlo. Emissions of CO, NOx, and ROG that exceed the SCAQMD operational thresholds would contribute to the ozone nonattainment designation, while emissions of PM,o that exceed the SCAQMD thresholds would contribute to the PM,o nonattainment designation of the SSAB. Cumulative potential impacts to air quality are assessed on a regional scale given the dispersing nature of pollutant emissions and aggregate impacts from surrounding jurisdictions 74 RESOLUTION NO. 2019-83 and air management districts. Any activity resulting in emissions of PM10, ozone, or ozone precursors will contribute, to some degree, to regional non -attainment designations of ozone and PM10. However, the level of cumulative impact a single project may have on regional air quality is difficult to measure. The Coachella Valley is subject to the SCAQMD 2016 Air Quality Management Plan and the 2003 PM10 Coachella Valley State Implementation Plan (CVSIP) to ensure levels of criteria pollutants are regulated and minimized to the best of the region's ability. The 2016 AQMP has set forth attainment deadlines and future emission level projections for criteria pollutants within the project area, which satisfy Section 15130(b)(1)(B) of the CEQA guidelines for analyzing cumulative impacts. These regional plans provide guidelines and rules for achieving state and federal air quality standards, which aim to reduce cumulative impacts, particularly through the enforcement of SCAQMD daily thresholds and implementation of time -sensitive reduction strategies to achieve attainment status. Regulation of Ozone SCAQMD studies indicate that most ozone is transported to the Salton Sea Air Basin from the upwind sources in the South Coast Air Basin. The amount of ozone contributed from other air basins is difficult to quantify; however, improved air quality in the project area depends upon reduced ozone emissions in the South Coast Air Basin. Therefore, cumulative impacts to ozone are better managed on a multi -regional scale as opposed to single projects. The SCAQMD 2016 AQMP provides current and future measures to reduce both stationary and mobile source ozone emissions. Proposed measures to reduce ozone include emission reductions from coatings and solvents, RECLAIM facilities, early transitions to cleaner mobile technologies, and incentives to adopt net zero and near zero technologies.29 CaIEEMod does not calculate ozone emissions directly and therefore emissions of ozone precursors (CO, NOx, and ROG) were evaluated to determine Project -related impacts to ozone. Ozone precursors are the primary pollutants involved in the chemical reaction process that forms ozone. The proposed Project will not exceed thresholds for CO, NOx, or ROG during construction. During operation, the Project will not exceed thresholds for CO or ROG; however, it will exceed thresholds for NOx, largely due to mobile sources. As discussed above, operational NOx emissions cannot be reduced through conventional mitigation measures. Because NOx is a precursor to ozone, impacts are considered significant and unavoidable and will have cumulatively considerable impacts to regional non - attainment designation for ozone. Regulation of PM10 Similar to ozone, PM10 is regulated through the SCAQMD 2016 Air Quality Management Plan and 2003 PM10 Coachella Valley State Implementation Plan (CVSIP). Additional PM10 reduction measures include applicable state code and AQMD Rules, such as Rule 403 (Fugitive Dust), which enforces fugitive dust compliance for all activities within the SSAB. As shown in Section 2.3.6.b, the proposed Project will not exceed local daily thresholds for PM10 during construction or operation. Therefore, cumulative impacts to PM10 are considered Tess than significant. (EIR, p. 2.3-22 and -23) 29 Final 2016 Air Quality Management Plan, South Coast Air Quality Management District, 2016. 75 RESOLUTION NO. 2019-83 D. BIOLOGICAL RESOURCES Using the summary of projections method to analyze cumulative impacts set forth in State CEQA Guidelines Section 15130 (b)(1)(B), impacts have been assessed on both a regional and local level. The primary document used to determine cumulative impacts was the CVMSHCP, which was designed for the long-term protection and regulation of biological resources in the Project area. The Project site is not within any CVMSCHP designated Conservation Area and does not contain any wildlife movement corridors or linkages. It does not contain any riparian areas or jurisdictional water features. The site has been disturbed by paving, grading, and installation of irrigation systems, and it is completely surrounded by urban development. As such, onsite habitat quality has been degraded, and the potential for it to harbor sensitive species is very low to low. As described above, potential impacts to biological resources will be mitigated to Tess than significant levels. Therefore, the Project's impacts to biological resources will be Tess than significant, and the Project's contribution to cumulative impacts will not be cumulatively considerable. (EIR, p. 2.4-22). E. CULTURAL AND TRIBAL RESOURCES The geographic scope of analysis of potential cumulative impacts on cultural, historical, and tribal resources includes the Project site, its immediate vicinity, and the traditional use areas of the Cahuilla people in the Coachella Valley. The Project would contribute considerably to cumulative impacts if it were to have a substantial or significant adverse effect on such resources in the Coachella Valley. The cultural resources survey conducted for the proposed Project evaluated a wide range of literature, data, and information on historic, archaeological, and tribal resources that has added to a baseline of knowledge and understanding of these resources. Tribal representatives were contacted for their knowledge, input, and coordination regarding the presence of tribal resources in the Project area. No historical resources have been identified onsite as listed or eligible for listing under the California Register of Historical Resources or the National Register of Historic Places. No archaeological resources have been identified onsite. The potential for buried artifacts or resources to be unearthed during Project development exists; however, potential impacts will be mitigated to Tess than significant levels through implementation of the mitigation measures set forth above. No new unmitigated impacts to historic or archaeological resources will result from the construction or operation of the proposed Project that are cumulatively considerable. (EIR, p. 2.5-19 and -20) F. ENERGY Potential cumulative impacts on energy would result if the proposed Project, in combination with past, present, and future projects, would result in the wasteful or inefficient use of energy. This could result from development that would not incorporate sufficient building energy efficiency features, would not achieve building energy efficiency standards, or would result in the unnecessary use of energy during construction and/or operation. The cumulative projects within the areas serviced by the energy service providers would be applicable to this analysis. Projects that include development of large buildings or other structures that would have the potential to consume energy in an inefficient manner would have the potential to contribute 76 RESOLUTION NO. 2019-83 to a cumulative impact. Projects that would mostly include construction, such as transportation infrastructure, could also contribute to a cumulative impact; however, the impact of these projects would be limited because they would typically not involve substantial ongoing energy use. The proposed Project would result in an increase in the consumption of electricity, natural gas, and transportation -related energy, however, it would not result in wasteful, inefficient, or unnecessary use of energy due to design features, including design to accommodate a balanced mix of uses internal to the proposed Project, installation of energy -efficient appliances and efficient water fixtures, and the offset of electrical energy usage through the installation of PV solar panels. Similar to the proposed Project, other cumulative projects would be subject to CALGreen, which provides energy efficiency standards for commercial and residential buildings. CALGreen would implement increasingly stringent energy efficiency standards that would require the proposed Project and the cumulative projects to minimize the wasteful and inefficient use of energy. In addition, cumulative projects would be required to meet or exceed Title 24 building standards, further reducing the inefficient use of energy. Future development would also be required to meet even more stringent requirements, including the objectives set in the AB 32 Scoping Plan (CARB 2017), which would seek to make all newly constructed residential homes zero net energy (ZNE) consumers by 202030 and all new commercial buildings zero net energy (ZNE) consumers by 2030.31 Furthermore, various federal, state and local regulations would serve to reduce the transportation fuel demand of cumulative projects. Therefore, cumulative impacts related to energy resources are considered less than significant. (EIR, p 2.6-16 and -17). G. GEOLOGY AND SOILS Potential cumulative impacts on geology and soils could result from projects that combine to create geologic hazards, including unstable geologic conditions. However, most geology and soil hazards associated with development projects in the surrounding area would be site - specific. Nonetheless, cumulative growth in the Project area would expose a greater number of people to seismic hazards. However, as with the Project, all future projects in the region would be subject to established guidelines and regulations pertaining to building design and seismic safety, including those set forth in the California Building Code and the Palm Desert Building Code. With adherence to such regulations, Project impacts with regard to geology and soils would not be cumulatively considerable. (EIR, p. 2.7-25) H. GREENHOUSE GAS EMISSIONS Cumulative impacts were analyzed on a regional scale due to the dispersing nature of pollutant emissions and aggregate impacts from surrounding jurisdictions and air management districts. Through analysis of the regional and statewide plans for GHG reductions, a summary of projects approach was used. The geographic scope for the analysis of potential cumulative greenhouse gas impacts is the overall Salton Sea Air Basin region in 30 New Residential Zero Net Energy Action Plan 2015-2020 — Executive Summary by California Public Utilities Commission Energy Division and California Energy Commission Efficiency Division. 31 Zero Net Energy - California Public Utilities Commission Energy Division; http://www.cpuc.ca.gov/ZNE/, accessed December 2018. 77 RESOLUTION NO. 2019-83 which the projects are being constructed and operated. However, some percentage of vehicular GHG emissions associated with the construction and operation of the proposed Project may also come from sources outside of the SSAB. Operation of the proposed Project would exceed established SCAQMD thresholds and potential impacts would be reduced through adherence to the City's Environmental Sustainability Plan. However, because the Project has significant and unavoidable impacts related to GHG emissions, the proposed Project will also make a cumulatively considerable contribution to GHG levels. (EIR, p. 2.8-11 and -12). I. HAZARDS AND HAZARDOUS MATERIALS Hazardous materials and risk of upset conditions are largely site -specific, and would occur on a case -by -case basis for each individual project affected, in conjunction with development proposals on these properties. All new developments in the City are required to evaluate potential threats to public safety, including those associated with the accidental release of hazardous materials into the environment during construction and operation, emergency response, transport/use/disposal of hazardous materials, and hazards to sensitive receptors (including schools). Implementation of the regulatory compliance measures and traffic -related mitigation measures would reduce the proposed Project's potential impacts associated with the accidental release of hazardous materials during construction and operation as well as emergency response to less than significant levels, such that the proposed Project would not combine with any of the related projects to cause a cumulatively significant impact. Further, each related project would be required to follow local, State and federal laws regarding hazardous materials and other hazards. Therefore, with compliance with local, State and federal laws pertaining to hazards and hazardous materials, cumulative impacts would be less than significant. (EIR, p. 2.9-13 and -14). J. HYDROLOGY AND WATER QUALITY Implementation of the proposed Project, along with related projects in the Project vicinity, would have a potential impact on storm drainage and water quality. The proposed Project is located in an urbanized area where most of the surrounding properties are already developed, and the related projects are located in the Desert Willow Golf Course. The storm drainage system serving the Project vicinity has been designed to accommodate runoff from all sites within this nearly built -out environment. Development of the site would convert it to impervious surfaces contributing surface runoff. However, the proposed Project would be designed to minimize impacts to the local storm drainage system, and would integrate into it, as would other future projects on the remaining vacant sites. Thus, the proposed Project would mitigate its incremental contribution to the local storm drainage system and would not contribute to a significant cumulative impact. With the implementation of the required City, CVWD, and other water discharge requirements, impacts on hydrology and water quality would be less than significant. (EIR, p. 2.10-33). K. LAND USE The geographic scope for the analysis of cumulative impacts on land use consists of each project area and the immediate vicinity around each of these sites where adverse land use 78 RESOLUTION NO. 2019-83 impacts could occur. Any cumulative project impacts related to land use would be consistent with the land uses in the cumulative study area. There are no potential project conflicts or inconsistencies with applicable adopted plans, policies and regulations, and the project would not combine with others to result in a substantial cumulative impact. Overall, there will be a Tess than cumulatively substantial effect on existing and planned land uses generated by this Project. (EIR, p. 2.11-23) L. NOISE Noise levels tend to diminish quickly with distance from a source; therefore, the geographic scope for the analysis of cumulative impacts related to noise would be limited to projects within approximately 0.25 mile of proposed Project components and access routes. This area is defined as the geographic extent of the cumulative impact area because noise impacts would generally be localized, mainly within approximately 500 feet from any noise source; however, it is possible that noise from different sources within 0.25 mile of each other could combine to create a significant impact to receptors at any point between the projects. At distances greater than 0.25 mile, construction noise would be briefly audible and steady construction noise from the proposed Project would generally dissipate into background noise levels. A cumulative traffic noise impact occurs when the noise level would exceed the applicable standard and result in a substantial noise level increase. The Project's contribution to the future noise level on area roadways is determined by comparing future noise conditions without and with the proposed Project. Results show that adding the proposed Project's noise levels to the future noise levels would not result in an adverse cumulative noise increase as defined by the Noise Element, at the closest sensitive receptor location, because of the low project noise levels and distance. Therefore, the proposed Project's contribution would not be cumulatively considerable. (EIR, p. 2.12-31). M. POPULATION & HOUSING It is expected that Project -related employment opportunities will be filled by current residents and therefore will not significantly increase the local population or increase demand for housing. Cumulative impacts would be less than significant. (EIR, p. 2.13-5). N. PUBLIC SERVICES Police Protection Implementation of the proposed Project in conjunction with the other related projects in the area would increase the demand for police services. Over time, increases in population in the City have the potential to increase calls for police protection services. The project alone would marginally increase both the permanent and tourist populations whose impacts would be reduced by the incorporation of Mitigation Measures PS-1 through PS-4. The proposed Project's contribution would not be cumulatively considerable. Fire Protection 79 RESOLUTION NO. 2019-83 Implementation of the proposed Project in conjunction with the other related projects in the area would further increase the demand for fire protection services over time. The project alone would marginally increase both the permanent and tourist populations; impacts would be reduced by the incorporation of Mitigation Measures PS-1 and PS-2 and payment of Fire Facilities Fees. The proposed Project's contribution would not be cumulatively considerable. Schools It is expected that land designated for residential development in Palm Desert will be developed in the future, increasing the student population and impacts to public schools. The proposed Project, in combination with related projects, is expected to result in a cumulative increase in the demand for school services. As discussed above, as of 2018, the DSUSD is over its capacity. The DSUSD has determined that approximately 4.49 additional elementary schools, 1.96 middle schools, and 1.24 high schools will need to be constructed in order to provide adequate facilities to house students in the future. The estimated costs of these school facilities, excluding interim housing requirements, is over $450 million dollars.32 Payment of school impact fees will help the DSUSD expand its facilities as needed. The proposed Project will generate only a minimal student population, if any, and its contribution to school impacts would not be cumulatively considerable. Parks and Other Public Facilities The proposed Project in combination with the related projects would be expected to increase residents' demands upon parks, recreational, and other public facilities in the project area. Although the proposed Project would contribute to the cumulative demand for parks and recreational services, its contribution would be minimal because it would provide ample onsite recreational opportunities. The Project's cumulative impact would be Tess than significant. (EIR, p. 2.14-15) O. TRAFFIC AND TRANSPORTATION The geographic scope for the analysis of cumulative impacts on transportation systems consists of 95 development projects that are either approved or currently being processed in the Project area, including Palm Desert, Rancho Mirage, Indian Wells, and portions of unincorporated Riverside County. A list and map of the projects are provided in the TIA (see Appendix H of the EIR, Table 4-3 and Exhibit 4-5). Two cumulative impact scenarios were analyzed -- one for typical operation, and one for special events — and both scenarios included Project -generated traffic in addition to existing conditions, background traffic from ambient growth, and background traffic from cumulative development projects. An ambient growth rate of 6.12% was used. 1) EAPC (2022, Typical Operation) (Existing Conditions + Ambient Growth + Proiect + Cumulative) 32 Desert Sands Unified School District - Fee Justification Study For New Residential And Commercial/Industrial Development (May 2018) — Page iii-iv. 80 RESOLUTION NO. 2019-83 As shown in Table 2.15-14 and -15 in the EIR (p. 2.15-34 and -35), EAPC-Typical Operation conditions will result in unacceptable LOS at the intersection of Cook Street and Market Place Drive. As shown in Table 2.15-16 of the EIR (p. 2.15-35), with installation of a traffic signal (Mitigation Measure TRANSP-1), the intersection of Cook Street and Market Place Drive will operate at an acceptable LOS. Payment of TUMF fees (TRANSP-20) will also reduce Project - related cumulative impacts to Tess than significant levels. 1) EAPC (2022, Special Event) (Existing Conditions + Ambient Growth + Proiect + Cumulative) As shown in Tables 2.15-17 and -18 in the EIR (p. 2.15-36 and -37), EAPC-Special Event conditions will result in unacceptable LOS at the intersection of Cook Street and Market Place Drive. As shown in Table 2.15-19 of the EIR (p. 2.15-37), with installation of a traffic signal (Mitigation Measure TRANSP-1), the intersection of Cook Street and Market Place Drive will operate at an acceptable LOS. Payment of TUMF fees (TRANSP-20) will also reduce Project - related cumulative impacts to less than significant levels. In summary, with implementation of Mitigation Measures TRANSP-1 through TRANSP-20, Project -related cumulative impacts during typical operation and special events will be less than significant. P. UTILITIES & SERVICE SYSTEMS The scope for the analysis of cumulative impacts on utilities and service systems is adherence to the City's General Plan build out assumptions for 2035. CVWD maintains and operates water and wastewater services in the Project vicinity. CVWD has identified adequate capacity to serve the Project along with current and future projects. The proposed Project will result in an increase of Tess than 1 percent of CVWD total water demand. Construction and operation of the Proposed Project would not require the construction or expansion of stormwater or wastewater facilities because their impacts on these facilities will be minimal and sufficient capacity exists. When considered in conjunction with other projects in the City's General Plan boundaries, the proposed Project will have a marginal and fractional impact on services. Therefore, the Project's contribution to cumulative impacts related to these services would not be cumulatively considerable. SCE and SoCaI Gas have adequate policies, programs, and projects in place to provide energy to their users, including the proposed Project, for the foreseeable future. As discussed above, the Project would only increase the City's overall electricity demand by an estimated 2.87 percent and natural gas demand by 0.002 percent. Therefore, the Proposed Project's incremental demand for energy would not be cumulatively considerable. Regarding solid waste, implementation of State and municipal requirements to reuse and recycle construction and operation waste would lessen the amount of solid waste generated by the Project. When considered in conjunction with other development projects in the Valley, the solid waste generated by the proposed Project will result in a fractional increase in waste to landfills. Cumulative impacts would be less than significant. 81 RESOLUTION NO. 2019-83 Overall, implementation of the proposed Project would not result in cumulatively considerable impacts related to utilities and service systems; and cumulative impacts would be less than significant. (EIR, p. 2.16-16 and -17). 82 RESOLUTION NO. 2019-83 SECTION 8: FINDINGS REGARDING SIGNIFICANT IRREVERSIBLE ENVIRONMENTAL CHANGES Sections 15126.2(b) and (c) of the State CEQA Guidelines require discussion of significant environmental effects which cannot be avoided if the Project is implemented and significant irreversible environmental changes which would be caused by DSRT SURF should it be implemented, respectively. Where there are significant impacts that cannot be alleviated without imposing an alternate design, their implications and the reasons why the project is being proposed, notwithstanding the effect, should be described. Irretrievable commitments of resources may include large commitments of nonrenewable resources, commitment of future generations to similar uses, and irreversible damage resulting from environmental accidents. Irretrievable commitments of resources should, therefore, be evaluated to assure that such current consumption is justified. The development of the Project will result in the irretrievable and irreversible commitment of non-renewable natural resources, including energy resources such as petroleum and natural gas, water resources, and mineral resources used for construction materials, such as concrete and steel. Construction of the proposed Project will result in the permanent loss of fossil fuels through the consumption of coal, petroleum or natural gas for the manufacture of steel, Portland Cement and concrete, and to fuel construction and maintenance vehicles. As detailed in Section 2.6, the construction of proposed Project could result in electricity demand associated with power tools and security lighting, but will not be the primary source of power during the construction of components of the proposed Project. The use of diesel fuel and gasoline for operation of equipment and for worker vehicle trips will be the primary source of energy during construction. Because construction equipment and workers are expected to come from local sources, it is expected that the use of fuel is already occurring for other projects and worker trips in the Coachella Valley, and this use will therefore not be excessive or wasteful. On -going operation of the proposed Project will generate demand for approximately 21,711,725 kWh of electricity annually. This demand will be reduced by approximately 1.7 million kWh at the surf center and lagoon via the construction of solar panels. This reduction is known for the surf center because it is included in the Precise Plan application for the Project. Plans for the hotels and villas have not yet been submitted, and their use of solar panels or other technology is not known. Future development would be required to meet even more stringent requirements, than the current CalGreen building code, including the objectives set in the AB 32 Scoping Plan (GARB 2017), which would seek to make all newly constructed residential homes zero net energy (ZNE) consumers by 202033, and all new commercial buildings zero net energy (ZNE) consumers by 2030.34 Electricity demand generated by the proposed Project would increase electricity consumption by 2.9% over current City-wide demand. Natural gas will be used during operation of the proposed Project. It is estimated that at build out, natural gas consumption is expected to total 331,811 therms per year, and to increase 33 New Residential Zero Net Energy Action Plan 2015-2020 — Executive Summary by California Public Utilities Commission Energy Division and California Energy Commission Efficiency Division. 34 Zero Net Energy - California Public Utilities Commission Energy Division; http://www.cpuc.ca.gov/ZNE/. Accessed December 2018. 83 RESOLUTION NO. 2019-83 City-wide use of natural gas by 1.9%. As is the case with electricity, adherence to existing and future building codes will assure the efficient use of natural gas, and continued improvements in technology, particularly related to appliances and HVAC equipment, will reduce long term demand. During operation, the Project would result in the consumption of petroleum -based fuels related to vehicular travel to and from the Project site. According to the Project -specific traffic analysis, the Project is estimated to generate 5,496 daily vehicle trips under typical daily operations, and 7,288 daily vehicle trips during a special event. Daily visitors will include a mix of local residents and out of town visitors. The Project could potentially generate 12,213,217 VMTs. This represents a 2.4% increase in City-wide VMTs. Although the Project will result in a direct increase in VMTs, the Project will not interfere with increased fuel efficiency standards and will not result in wasteful, inefficient, or unnecessary consumption of transportation energy resources during operation. The construction of the proposed Project will change the physical environment of the Project site. As discussed in Section 2.4 of the EIR, the proposed Project will not result in significant Toss of biological resources. The site is surrounded by development, and has previously been graded and irrigated. Further, approximately 2 acres of the site is currently developed as a parking lot. No special status species were identified on the Project site. The Project will be required to pay mitigation fees to assure the off -site conservation of habitat lands for sensitive species covered by the Coachella Valley Multiple Species Habitat Conservation Plan. Therefore, although the proposed Project will result in the permanent Toss of approximately 15 acres of vacant land, that loss will not be significant. As discussed in Section 2.10 of the EIR, construction of the proposed Project will generate demand for water resources. The total Project water demand is projected to be 162.1 AFY, of which 10.87 AFY will be accommodated through the use of recycled water for landscaping irrigation. In addition, the Water Supply Assessment for the proposed Project includes a requirement for the implementation of a turf reduction program on the adjacent Desert Willow golf course. This turf reduction program will result in a reduction of 106.74 AFY in water use on the golf course, and a net water demand for the Project as a whole of 44.49 AFY. Given the size and scope of the Project, the net annual demand for domestic water will be low, and impacts to the region's water supply will be less than significant. In summary, although the proposed Project will result in the irreversible loss of finite resources, the loss will not be significant, and is consistent with or less than that expected for a project of similar scope consistent with the City's General Plan. (EIR, p. 5.1 through 5.3) 84 RESOLUTION NO. 2019-83 SECTION 9: FINDINGS REGARDING GROWTH -INDUCING IMPACTS CEQA specifies that growth -inducing impacts of a project must be addressed in an EIR (PRC § 21100[b][5]). Specifically, Section 15126.2(d) of the CEQA Guidelines requires an EIR to discuss the ways the DSRT SURF Project could foster economic or population growth or the construction of additional housing, directly or indirectly, in the surrounding environment. Growth -inducing impacts include the removal of obstacles to population growth (e.g., the expansion of a wastewater treatment plant allowing more development in a service area) and the development and construction of new service facilities that could significantly affect the environment individually or cumulatively. In addition, growth must not be assumed as beneficial, detrimental, or of little significance to the environment. Construction of the proposed Project is projected to occur over a two year period. Given the scope of the project, construction personnel are available in the region who are qualified in the trades required to build low rise buildings, concrete structures such as the lagoon, and landscaping for a resort project. The Project does, however, have the potential to attract workers and crew members to the area for a temporary construction opportunity. Because of the availability of local workers, and the relatively short-term opportunity created by the Project, it is not anticipated that the proposed Project would result in an increase in permanent population in the City beyond anticipated growth over time. Operation of the various components of the Project will result in new jobs in the service, retail and management sectors, which are likely to be filled by a combination of existing and new residents. Population growth in 2018 in the City was 1.4%, or about 700 people. The Southern California Association of Governments predicts that by 2040, the City's population will increase to 61,700, an increase of 8,900 people. The natural growth in population experienced in the City will result in a demand for jobs, a portion of which will be supplied by the proposed Project. Therefore, the proposed Project is not expected to induce population growth. The proposed Project occurs on a site which has long been planned for resort development. As part of the original North Sphere Specific Plan, the City envisioned a master planned community centered around the Desert Willow golf course. In order to facilitate the vision, the City planned for and installed master infrastructure to serve the build out of the site, not just the golf course and clubhouse. As a result, all infrastructure is in place adjacent to the Project site, and no additional or larger infrastructure is required to implement the Project, and projects on adjacent remaining sites. In conclusion, the Project will not result in growth inducing impacts that could cumulatively impact the environment. No new infrastructure, services or utilities, will be required for the proposed Project, and its impacts on the local population will be Tess than significant. (EIR, p. 6.1) 85 RESOLUTION NO. 2019-83 SECTION 10: FINDINGS REGARDING ALTERNATIVES A. PROJECT OBJECTIVES As required by CEQA, project objectives have been developed to describe the project. These are set forth below. • Continue the mission of the Desert Willow Golf resort by providing a world -class recreational opportunity unique to the Coachella Valley. • Expand the City's tourism economy and expand transient occupancy tax revenues. • Implement water conservation and recycling measures to minimize the impacts to water supply from lagoon and golf course water use. • Energy efficient resort development to meet the City's sustainability goals. B. SIGNIFICANT AND UNAVOIDABLE IMPACTS Based upon the Final Project EIR and the CEQA Findings of Fact contained herein, as well as the evidentiary materials supporting these documents, the City Council finds that implementing the Proposed Project could result in the following list of significant and unavoidable impacts to the environment: Air Quality Operational emissions are those released over the long-term life of the proposed Project. They include emissions generated by area, energy, and mobile sources. Area sources include consumable products, such as building maintenance and cleaning supplies, kitchen and restroom supplies, pavement off -gassing, and periodic reapplication of architectural coatings. Energy sources include the direct and indirect use of fossil fuels for energy, including natural gas and electricity use in buildings, parking lot lighting, ventilation equipment, and elevators. Mobile emissions are generated by motor vehicle trips. The air quality analysis quantified air emissions for the life of the project for two scenarios: daily operations, and special event operations. Assumptions included daily trips totaling 5,496 weekday daily trips during typical operations, and 7,288 weekend daily trips during special events, an average trip length is 25 miles, and full operation of all the potential components of the Project, including the surf center and lagoon, hotel(s) and villas. Maximum build out as allowed in the Specific Plan was assumed for all land uses, to provide the most conservative analysis. As shown in Section 2.3, Table 2.3-7, Project -generated operational emissions will not exceed SCAQMD thresholds for CO, ROG, SOX, PM10, or PM2.5 during typical operations or special events. However, Project -generated NOx emissions will exceed SCAQMD thresholds during both types of operations. Emissions projections represent worst -case conditions, and actual emissions may be lower than projected. Projected NOx exceedances are largely associated with the number of vehicle trips expected to be generated at Project buildout. Feasible mitigation measures have been provided in Section 2.3.7, including but not limited to delivery vehicle idling time limitations, employee 86 RESOLUTION NO. 2019-83 commute reduction programs for large employers, and use of Energy Star appliances. However, although these mitigation measures may provide reductions in emissions, they will not reduce NO. emissions to levels below SCAQMD thresholds. Impacts associated with operational air emissions will remain significant and unavoidable. Cumulative Contribution: Non -Attainment Criteria Pollutants The Coachella Valley portion of the SSAB is classified as a "non -attainment" area for PM10 and ozone. CO, NO., and ROG are precursors to ozone, for which the Coachella Valley is in non -attainment. The Project will contribute to increased regional NO. emissions. Motor vehicle trips are the primary source of NOx emissions during operation and cannot be mitigated through traditional means. Even with the implementation of mitigation measures, cumulative impacts associated with operations of the proposed Project at build out will remain significant and unavoidable. Greenhouse Gas Emissions All components of construction, including equipment, fuels, materials, and management practices, would be subject to current SCAQMD rules and regulations related to greenhouse gases. Applicable SCAQMD rules include, but are not limited to, source -specific standards that reduce the greenhouse gas content in engines and limit equipment idling durations. The Project will also adhere to the required state Low Carbon Fuel Standard for construction equipment and heavy-duty vehicle efficiency standards. Operational emissions will occur throughout the life of the Project. At buildout, five emission source categories will contribute either directly or indirectly to operational GHG emissions: energy/electricity usage, water usage, solid waste disposal, area emissions (pavement and architectural coating off -gassing), and mobile sources. The bulk of operational emissions are largely due to the number of vehicle trips generated by the Project. As shown in Table 2.8-2, one special event (33.34 MTCO2e/yr) will increase overall GHG emissions by a marginal 0.19 percent. It was recommended by SCAQMD staff that a project's greenhouse gas emissions would be considered significant if it could not comply with at least one of the "tiered" tests based upon an October 2008 staff report and draft interim guidance document35, as described in Section 2.8.6 of the EIR (p. 2.8-9). Construction -related GHG emissions will not exceed GHG thresholds for construction because no such thresholds have been established. However, the Project would not comply with any of the tiered tests for overall operational (annual) emissions, and will therefore have Significant and Unavoidable Impacts associated with GHG emissions. Because the Project would result in significant and unavoidable impacts, it can be argued that operational impacts would conflict with GHG reduction goals because operation of the Project would either exceed or not comply with SCAQMD's interim tiered thresholds. By exceeding such thresholds, the Project is contributing to GHG emissions at a level that is not conducive to reducing state and local GHG emissions. Although implementation of Mitigation Measure GHG-1 will assure the Project complies with the Palm Desert Environmental Sustainability 35 Draft Guidance Document — Interim CEQA Greenhouse Gas (GHG) Significance Threshold, prepared by SCAQMD, October 2008. 87 RESOLUTION NO. 2019-83 Plan, impacts are considered significant and unavoidable." C. ALTERNATIVES CONSIDERED AND REJECTED Two Project alternatives were identified and considered but not analyzed in detail. The reasons why these alternatives are not considered further are described below: Alternative Site The applicant considered other available sites within the Desert Willow Golf Course, prior to entering into negotiations with the City for the proposed Project site. Two vacant parcels located east of Desert Willow Drive were evaluated. The parcel furthest to the southeast, and adjacent to the existing commercial shopping center, was not of adequate size to accommodate the Project components, and was rejected for that reason. The site closest to the proposed Project was of a similar size, but was rejected because the access to the site is restricted and its expansion would require reconstruction of existing golf course holes. In addition, the site's proximity to existing single family residential development to the northeast would have resulted in greater impacts to these residents, particularly as related to noise, traffic and air quality. All -Retail Alternative An alternative that would have resulted in an all -retail specialty shopping center was considered and rejected. This alternative would have resulted in up to 250,000 square feet of mixed retail development, including restaurants and shopping opportunities. This alternative, however, would not meet the Project's objectives for world -class recreational facilities and transient occupancy tax generation, considered key in the development of Desert Willow pad sites when the City conceived of the project. These goals have been critical in leading the City's efforts toward development of the remaining pad sites for the long term economic viability of the Desert Willow project area. In addition, the intensity of development would result in greater impacts associated with traffic and air quality. D. ALTERNATIVES SELECTED FOR ANALYSIS IN THE EIR Three alternatives were selected for consideration, based on the potential of each alternative to reduce the significant and unavoidable impacts of the proposed Project, and the ability to meet the stated project objectives. Each alternative is summarized below. Alternative A — No Project — Northern Sphere Specific Plan Alternative A, the No Project Alternative, assumes the site will build out according to land use designations and development standards of the North Sphere Specific Plan (NSSP), which is the current Specific Plan regulating development within the Project area. The Project site is located in Planning Area 10 (PA 10) of the NSSP. According to the Section 4 North Sphere EIR, PA 10 was planned for a "Luxury Hotel" with a maximum of 500 rooms. Buildout of Alternative A would result in the development of a 5-story hotel with a maximum of 500 rooms totaling 665,000 square feet (including 100,000 square feet of meeting/hall space), as well as 300,000 square feet of landscaping/pool/recreation facilities, and 660 parking spaces. 88 RESOLUTION NO. 2019-83 "No Project" Alternative A: Northern Sphere Specific Plan (Assumes conformance to Northern Sphere SP: PA 10 Luxury Hotel) Land Use (Total 17.69 AC) SF Max 500 Rooms, 5 stories (incld. 100,000SF meeting/hall 665,000 SF space) Landscaping/pool/recreation 300,000 SF Parking 660 The majority of the site (15 AC) is classified as Planning Area 10 (PA 10) within the NSSP. See Table 4.1 Statistical Summary Table, Section 4 North Sphere EIR. Alternative B — Mixed Use Alternative Alternative B, the Mixed Use Alternative, assumes the entire Project site will be developed according to existing General Plan land use designations and standards. The site is currently designated as Resort and Entertainment on the City's General Plan Land Use Map, which allows bed and breakfast inns, recreational facilities, small retail, large retail, and lodging, support retail and commercial services along with specialized entertainment with a commercial floor area ratio (FAR) of up to 0.10, and multi -family residential land uses of up to 10 dwelling units per acre (du/ac). For analysis purposes, it is assumed site standards are applied to the entire site acreage (as opposed to dividing the acreage in half) for both commercial and residential land uses. At buildout, Alternative B would include approximately 77,100 square feet of commercial development, 177 dwelling units, and 817 parking spaces. This alternative would reduce significant air quality and greenhouse gas impacts because of reduced vehicle trips. Mixed Use Alternative B (Assumes buildout under existing GP land use) Land Use SF/DU Commercial (17.69 AC) Commercial (0.10 FAR) 77,100 SF *Parking (6 per 1,000 SF) 463 Residential (17.69 AC) Residential (10 DU/AC) 177 units Parking (2 per unit) 354 The site is currently designated as Resort and Entertainment District on the City's General Plan Land Use Map, which allows bed and breakfast inns, recreational facilities, small retail, large retail, and lodging, support retail and commercial services along with specialized entertainment with a commercial floor area ratio (FAR) of up to 0.10, and multi -family residential land uses of up to 10 dwelling units per acre (DU/AC). Assumes site standards are applied to entire site for both commercial and residential, with Council approval. 89 RESOLUTION NO. 2019-83 Mixed Use Alternative B (Assumes buildout under existing GP land use) Land Use SF/DU *Parking Standards per PDMC. Commercial: Restaurants = 8 per 1,000SF; Shopping Centers 4 per 1,000 SF. Assumes 6 per 1,000 SF. Alternative C — Residential Alternative Alternative C, the Residential Alternative, assumes the entire site will build out as a residential development, allowing the maximum residential density under the existing Planned Residential District (PR-5) zoning standards. The purpose of this district is to provide for flexibility in residential development by encouraging creative and imaginative design, and the development of parcels of land as coordinated projects involving a mixture of residential densities (4.0 — 40.0 du/ac), mixed housing types, and community facilities. City staff has indicated that it will not allow multi -family, apartment style development on the Project site due to its location within the Desert Willow property. Therefore, the maximum density in the PR-5 zone allowed for the Project site is 5 dwelling units per acre. At buildout, Alternative C would include approximately 89 dwelling units and 178 parking spaces. This alternative would reduce significant air quality and greenhouse gas impacts because of reduced vehicle trips. Residential Alternative C (Assumes buildout under max res. density allowed under PR-5 zoning) (Total 17.69 AC) Residential (5 DU/AC) I Parking (2 per unit) DU 89 units 178 Planned Residential District (PR). The purpose of this district is to provide for flexibility in residential development, by encouraging creative and imaginative design, and the development of parcels of land as coordinated projects involving a mixture of residential densities (4.0-40.0 du/ac), mixed housing types, and community facilities. The maximum project density shall be as expressed in dwelling units per gross acre of not more than the number following the zoning symbol PR (5 DU/AC). The table below summarizes whether the proposed Project or any of the Project Alternatives meet project objectives. Alternative C, which would result in 89 single family homes, meets none of the project objectives because it does not result in a resort development which would bring recreational opportunities and long-term revenues associated with transient occupancy tax. The City Council hereby rejects Alternative C on the following grounds: 90 RESOLUTION NO. 2019-83 (1) the alternative fails to meet any of the project objectives because it would not provide a resort or recreational amenity consistent with the goals of the North Sphere Specific Plan or the Desert Willow Golf Resort. (2) the alternative is technically infeasible because it would not provide the City with long term revenues. Alternative B, the mixed -use alternative, also does not meet Project objectives, insofar as it would not consist of a resort development, and would not expand tourism opportunities in the City. The City Council hereby rejects Alternative B on the following grounds: (1) the alternative fails to meet most of the project objectives, insofar as it would not provide a resort project consistent with the goals of the North Sphere Specific Plan and Desert Willow Golf Resort. (2) the alternative is technically infeasible because it would not provide the City with long term revenues. Alternative A, which would implement the North Sphere Specific Plan and result in a 500- room hotel, could meet most of the Project objectives, because it is consistent with the resort atmosphere planned for the Desert Willow project area. It would not, however, include the recreational feature of a surf lagoon, or enable the water conservation created by the turf reduction project included in the proposed Project. Alternative A would, however, reduce the air quality impacts resulting from implementation of the proposed Project, but would not reduce greenhouse gas emissions to less than significant levels. The City Council hereby rejects Alternative A on the following grounds: (1) the alternative fails to substantially reduce or eliminate the project's significant and unavoidable greenhouse gas emission impacts. Comparison of Project Objectives and Alternatives Proposed Objectives Proposed Alternative Alternative Alternative Project A B C Continue the mission of the Desert Willow Golf Resort by providing a Yes No No No world -class recreational opportunity unique to the Coachella Valley. Expand the City's tourism economy and expand transient occupancy tax Yes Yes No No revenues. Implement water conservation and recycling measures to minimize the Yes No No No impacts to water supply from lagoon and golf course water use. Energy efficient resort development to meet the City's sustainability Yes Yes No No goals. E. ENVIRONMENTALLY SUPERIOR ALTERNATIVE 91 RESOLUTION NO. 2019-83 Section 15126.6(e)(2) of the State CEQA Guidelines indicates that an analysis of alternatives to a proposed Project shall identify an environmentally superior alternative among the alternatives evaluated in an EIR. Each sub -section of the alternatives analysis in the EIR considered the potential impacts of each alternative, and compared them to the proposed Project on a categorical basis. The following tables provide summaries of these findings, and results in a conclusion regarding the overall environmentally superior alternative. Environmentally Superior Development Alternative Comparison Level of Significance* Proposed Alternative Alternative Alternative Environmental lssue Project A B C Aesthetics LSM LS LS LS Air Quality SU LS LS LS Biological Resources LSM LSM LSM LSM Cultural & Tribal Resources LSM LSM LSM LSM Energy LS LS LS LS Geology and Soils LSM LSM LSM LSM Greenhouse Gas Emissions SU SU LS LS Hazards and Hazardous LSM LSM LSM LSM Materials Hydrology and Water Quality LSM LSM LSM LSM Land Use and Planning LS LS LS LS Noise LS LS LS LS Population and Housing LS LS LS LS Public Services LS LS LS LS Transportation and Traffic LSM LSM LSM LSM Utilities and Service Systems LS LS LS LS SU= Significant and Unavoidable LSM= Less than Significant with Mitigation LS-- Less than Significant As can be seen in the table, the level of significance associated with the alternatives is consistent with the proposed Project's impacts, with the exception of Air Quality and Greenhouse Gas Emissions. Under the proposed Project, vehicular emissions of NOx and CO2E would be significant and unavoidable, due to the higher number of trips generated by the hotels, villas and surf center. Under all alternatives, air quality impacts would not exceed SCAQMD thresholds, and impacts would be Tess than significant. Alternatives B and C would result in less than significant greenhouse gas emissions; however, Alternative A, similar to the proposed Project, would also result in significant and unavoidable impacts. The same categorical comparison was conducted to determine the environmentally superior alternative. The result of that analysis is depicted in the following table. As shown in that table, Alternative C, which would result in 89 single family homes, would be the environmentally 92 RESOLUTION NO. 2019-83 superior alternative, insofar as its impacts on the environment would be the least of all the alternatives and the proposed Project. Alternative 3, however, would not meet the Project's objectives. Environmentally Superior Development Alternative Comparison Environmentally Superior Alternative Proposed Alternative Alternative Alternative Environmental Issue Project A B C Aesthetics X Air Quality X Biological Resources Equivalent for all scenarios — full site disturbance Cultural Resources Equivalent for all scenarios — full site disturbance Geology and Soils X Greenhouse Gas Emissions X Energy X Hazards and Hazardous Materials X Hydrology and Water Quality X Land Use and Planning X Noise X Population and Housing X Public Services X Transportation and Traffic X Utilities and Service Systems X The City Council finds that the Proposed Project is the environmentally superior alternative that best meets the project purpose and need and project objectives. 93 RESOLUTION NO. 2019-83 SECTION 11: ADOPTION OF STATEMENT OF OVERRIDING CONSIDERATIONS In compliance with Section 15093 (a)(b) of the State CEQA Guidelines, the City of Palm Desert, as Lead Agency, must "balance, as applicable, the economic, legal, social, technological or other benefits of a proposed project against its unavoidable environmental risks when determining whether to approve the project." The adverse environmental effects may be considered "acceptable" where the benefits of a project outweigh its unavoidable adverse environmental effects. When the Final EIR identifies significant effects that are not avoided or substantially lessened, the Lead Agency must state the specific reasons to support approval The City Council, having considered the entire administrative record on the DSRT SURF Project, and having weighed the benefits of the Proposed Project against the unavoidable adverse impacts to air quality and greenhouse gas emissions after mitigation, has determined that each and every one of the following social, economic and environmental benefits of the Proposed Project individually outweigh all of the potential significant and unavoidable adverse impacts and render those potential adverse environmental impacts acceptable based upon the following overriding considerations: 1. The Proposed Project proposes a high quality development which will complement and enhance the existing development within the Desert Willow Golf Resort, as the Proposed Project involves reutilizing parking lot areas and developing land that was previously graded as part of the Desert Willow golf course but never developed. 2. The Proposed Project will bring a recreational technology to the City that is the first of its kind in the United States, providing a unique venue to broaden the City's tourism market and bring people, including surfers, to the City who would not have considered the Coachella Valley for tourism. This will include an increase in room nights and associated revenues to existing hotels in the City and region. 3. The Proposed Project will bring a year-round surf venue to the desert, helping to stabilize the tourism economy in the shoulder and summer seasons, because the use of the surf lagoon will be a year-round activity not subject to the heat of summer which currently keeps tourists away from the City. 4. The Proposed Project will expand the City's recreational resources and provide a unique recreational opportunity to all City residents and visitors. 5. Implementation of the Proposed Project will continue to enhance the Desert Willow Golf Resort and provide additional revenues, in the form of sales tax, transient occupancy tax and property tax, which will ensure the economic stability of the City. 6. The Proposed Project will stimulate the City's economy by bringing additional tourism into Palm Desert, as visitors would travel to utilize the surf lagoon and surf center facilities including the restaurant, bar, and retail uses, as well as attend special events. Additionally, tourism would increase as visitors utilize the hotel and villas. Increased tourism would bring in revenue for commercial areas in the vicinity of the Project, such as dining and shopping activities. 94 RESOLUTION NO. 2019-83 7. Implementation of the Proposed Project will result in an energy efficient resort development designed to meet the City's sustainability goals, as the Proposed Project involves the conversion of existing turfed landscaping surrounding both golf courses to desert landscaping, resulting in a reduction of 106 acre feet of water use per year in perpetuity. Additionally, the Proposed Project involves the installation of solar panels which would offset the Project's electrical demand. 8. Construction of the Proposed Project will generate temporary employment opportunities over an estimated two year period until construction is complete. Once constructed, the surf center and lagoon will generate more than 300 permanent new jobs, including management mechanical and technical, retail, restaurant service jobs, recreational instructors and emergency personnel. The hotel and villas would also generate a variety of new jobs, including management, retail and hotel service jobs. Thus, the Proposed Project supports the City's General Plan policy regarding a jobs - housing balance and will provide jobs to current and future residents, thereby allowing residents to work within the City, rather than traveling to distant jobs outside the City. The City Council hereby declares that each and every one of the foregoing individual benefits provided through approval and implementation of the DSRT SURF Project outweigh all of the identified significant environmental impacts which cannot be mitigated. The City Council finds that each of the benefits, separately and individually, outweighs the unavoidable adverse environmental effects identified in the EIR and therefore finds those impacts to be acceptable. SECTION 12: ADOPTION OF THE MITIGATION MONITORING AND REPORTING PROGRAM Public Resources Code Section 21081.6 requires that a Mitigation, Monitoring, and Reporting Program be adopted upon certification of an EIR to ensure that the mitigation measures are implemented. The Mitigation, Monitoring, and Reporting Program specifies what the mitigation is, the entity responsible for monitoring the program, and when in the process it should be accomplished. The City Council hereby adopts the Mitigation Monitoring and Reporting Program attached to this Resolution as Exhibit "A." Implementation of the Mitigation Measures contained in the Mitigation Monitoring and Reporting Program is hereby made a condition of approval of the Project. In the event of any inconsistencies between the Mitigation Measures set forth herein and the Mitigation Monitoring and Reporting Program, the Mitigation Monitoring and Reporting Program shall control. SECTION 13: CERTIFICATION OF THE EIR The City Council finds that it has been presented with the EIR, which it has reviewed and considered, and further finds that the EIR is an accurate and objective statement that has been completed in full compliance with CEQA, the State CEQA Guidelines and the City's Local CEQA Guidelines and that the EIR reflects the independent judgment and analysis of the City Council. 95 RESOLUTION NO. 2019-83 The City Council declares that no evidence of new significant impacts as defined by the State CEQA Guidelines section 15088.5 have been received by the City Council after circulation of the Draft EIR which would require recirculation. Therefore, the City Council hereby certifies the EIR based on the entirety of the record of proceedings. SECTION 14: CUSTODIAN OF RECORD The documents and materials that constitute the record of proceedings on which this Resolution has been based are located at Palm Desert City Hall, 73510 Fred Waring Dr, Palm Desert, CA 92260. The custodian for these records is the City Clerk of the City of Palm Desert or designee. This information is provided in compliance with Public Resources Code section 21081.6. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the 14th day of November, 2019, by the following vote, to wit: AYES: HARNIK, .3ONATHAN, KELLY, NESTANDE, and WEBER NOES: NONE ABSENT: NONE ABSTAIN: NONE - --- --Z �V_Q_/'" SUSAN MARIE WEBER, MAYOR ATTEST: i 01 ., i :i+ _ R r HELL D. LASSEN, ' ITY CLERK CITY OF PALM DESERT, CALIFORNI 96 RESOLUTION NO. 2019-83 Exhibit "A" Mitigation Monitoring and Reporting Program 97 RESOLUTION NO. 2019-83 2 CC C7 0 CC a C'3 Z C � P. co Tr CC ;�O ILI oCC CD T- ea coN o ZccZ CC X I— 1- N Q W Z 0 2 Implementation Stage Prior to issuance of building permits. T 10 Y Y a u u 00 a, a C o O o a a . 00 C oa c ._ c c _ o :.0 a) O •c a) 0 (n E v C E v ra 0. t. y W 0 Y v 0 CL O. 0 o u u o u Mitigation Measure Impact Heading v al E a) ra L O 0- c E a 00 O ai (0 to y c co co > f o o •3 t 0 O n ,CD 00 t0 ` ri .> O -O c _c al y0,, no a) L YO > c + C N to 00 O. Y 0 c — C, -0} ro al C 00 O L) . 00 C E .c Y '0 00 0; Y C (0 v 0 'u r0 L4- 2 nij o c o c U ,^ .c . -o on v) (o Q ax) >i Less Than Significant clean air vehicles. Prior to lease 0 0 -0fp C a) �a C 0 ar VI E `) a) C ) (mo Project Proponent C a) _V C .-C-, no o . a) f c o, c n'— v > c)�. ra 00 E aj a�0-, O` a > O > a/ C 0D w a� -0 00 c N 7 a) a) in -13 r c L. Y>. 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(b i-, 'O > C 0) ro ari a • (0 V 10 L > V an a) 'Y v( 'O V ra 00 co E 0_ .0) 7-1 .-., (0 0 "coa y rb — Y -0 x 0J C c a) Y n3 y=. f0 N 00 b0 0 c (o El( -0 . v C. „C u 0 N 0 b0 u CC .0 CO O > a Y DO C i= O (C0 0. c arts a) ea C 0 ,a/_C N c .> T. as 0 O it c,O , N _ U a) >v Y `0 Ycl 00 C 01 an Q J 60 Q W C Project Proponent Y .0 Y 4.,.0 4-•.0 4,.0 Y C (0 C (a C (0 C ra C (0 C (a (o 10 r0 v_ (a v_ (0 -0 ro v_ co v_ _ '6 u 0 v 0 v 0 u 0 v 0 _ _ w 't W C (0 C ra C ea C (o C (a C (o 00 C 00 C 00 C b0 C bn C 00 C War rtA .,r 09.83 RE$OL00414o.2 7s to ƒ ƒ \\ o£ /ƒ / f . « S co & ® e ¥ 0 » / k a % C. \ & \ % \ % k k % & » te,c. .p e y_%§ •# 0 5 gl , S % 2 a » S CZ k\ f 00 -10 % \ f ƒ t\ \ ®0 »J « « ° « §� \\/f fo ® - ` \ E®? 5� \ as \ .c % / &fco a® 3° - t ) . _0 k « a 7 / § a a 2 r /iii �\.0 \t \ ® \ 0 \t % " -o t �\\ƒ / \\ CO / »?\9\\ $°£y co \& % o- \/%� «���� ° kJ ° ° ® OS ,0 'c= ro/$7 \ %S© 0 \ Z «{»&\$� 2\\7/Q 3 Jt\$ & 0.) 6 «m\%22c w ®,5t _0 Ea ± . # \? >® 9 s®&sa% § c7 +# © _ ±tf§{5 & Cl., e « ? % -0 % - a » ± \ \ i c ,- -a _ o a e 2 w ©®° s ® 7 a - a\ e ®- \ a% a a - ® a = - ® $ $ ƒ �� 2 5 « m c o ���\ \\ k\ , =\3k�Kt//\} « y t W / « \ { f R « { \ \ # f a m! en.....,' ..0('' \ 7 y - \ f \ $ f CO m / \ \ \ k } r 2 a t e ; _$$ 2 t» oa. % W o a® £\ C E t e u CC / \ \ f o $ a $ . o y 6 k\ g RESOLUTION NO. 2019-83 Implementation Stage Mitigation Measure Impact Heading c 0) U E a a O Q'^ c On c O C o c z u fo' m a 0) Y O U O -. u ` 00 a fD O ° 0) m C 3 n Ct. Q N w O 0) L . -VI -0 CC j f0 -0 O C CO C NO O < ID C w O c Y •0 C an (0 U V N E .c P E -0 Y O a an 'O - -0 f1 O 0 0. N fO XY c •°- Q) v O .0 o E v c O` v C7 - aci > fco < " E w construction. Prior to construction. u cu O 0.0 C C O E 3 t c0 Y a C W o U o Less Than Significant BIO-2: MBTA Compliance C C O U C C ` V• Q ai 0 O 7 ` Y C O u O fID O u O fO - u 0) ' n Y o g a 00 o v 'a C O Q1 Y Y N Y Q) C r E � aci C Q) Q1vl N D 'C Q) =O y C 0) O 7 E O C -O -0 :(0c+ 0.0 00 Y 4-,0) U Q) Q) Q O d d C . c C 0) C Q) c E Y„ c E co .b0 d fO OO a U a o m O V O U � m CO w c in Cu 40 o }; v -d C>. w c c 00 C M O co C ho _� O ° Q1 vOi f0 Y :- of D Y U i C D > „� E c O Y u O o 0 Q)t.a v E °=° @° a> o '�' s° a o a Q v fO u o C c a n y w a ? O L c 0 O fO fV Y C fn oC Q) c v s Ln v c v, 9>> a ` 3° a c Y o c o a)) III N o o 0) o Q) u aa, .--1 � 00 OCO U ID U Q) 3 N j co`�O. C C v-. 3•7 E O �` � E c 1.v O Gl O O Q) O 0q n C_ 0) Q) ,, E .� L 14 > 7 — YI.J 'O Q1 'Q) 4-, a) cu L -y C C Q) u O f0 '°°O vOC NO t 3p , fO to .uuQ) fn V Q0 Q/Cf-0 fO c p p O "o aa an O ° o} c c r p fa O O O C ID vYi f0 co j •n Ln a- O 'O — U L -0 0n - '� .0 Q) V of a C 7 F- C o HCU �) 00 "O O ''' c D E c) y C a p D V O Q) c c V 'O O O ,n N Y Q1 -O Q) h C ` Y ° Y L E m Z u c E° v o a a — c !' _ ou I N o fo v a ow C.0'- E co 0 3 n d QLL •O '.F.. Y Y L a a ? Q YVI Z L' Q1 VI w _ O of t`O fn u U > O O0 c 00 h N C Q) fo C O of fO E--- _' X C 0 '- o v — .an C 3 o C 3 v ::I" O o 3 p u fL (O Q) t o E O .0 0 O 7 .. `� fY0 fYO ea v 0, on c L L„ y a .0-0 c o 6 ° v fQ y= E o 3 a U m j O Y j t o v 0 0 U 0 C — — fS O° O` :CI O a Y m Q _0 a 00 $n fa 1] Less Than Significant Less Than Significant Gco ON tan (.0 y o O- d -`j. Go O a' CO v ✓ G a @ U co .0 O s a a% O-E i N U ✓ Y 9 N -o 0 ✓O Q, >O 7 co -o -0 y �+ O a ✓ C > -p Cp t6 d E E J v N co a) O °u o E 0N, E v m o �, d ,_ O 06 @ y ao'd �'�c G G a �? to' -O .O O y m 9 ua fl a Oa m . . v S co �' 6 da coco ✓ > v G N E � a o oa o 9 2. o co J O O a o J vo- 3 io .C.)O a 0 a)O y op 'D a y t Q O y; 6 y „,. O c >- G io N O J .G a o L '6 N R o0 "O i a y ✓,, ✓ 'an G L C ,f v v N p 0 0 . -0 an 0✓ y 3 a 0 L A d y 0 d c✓S L ( cco a o 0- c '4 y a as ro ;; m 6 ) 3 Y O G "O U L ,co a✓�, i0i+ 9 0 a- A �, L A co 1—. n.. N G c a ->o co Q -G y t- .d 05 u 0 C OU cO a- a a G w> U 10 O , G a .l ✓0 p a- c y O O y m- 0 to C c 0 L� op Oj ° G. op o a 0 7 E o OO .c d G ra+ N O .0 ft W O G C a3 EEaE ✓, d so a N O .-- j vs G° (3O 0 0.1 EL m Jc`o 0 Op 0) N L O ,N� G U S? N w✓ co a s N U 0- O c oo G ;o G is ;— 7 G V ,i, E o-o m E �.o-o o G o o Oy ✓ O G '6 @ .0. O tGo A N a ✓a 9 j ,rL U O z a m 7 r ✓ N c op a a N C,1 'j U G .1 o A a N O N O- �.. E4 G L) y .- G y O a 4 aO 2. L U a a a 0 T ? Q' G W y a 011 a Z .0 G V O '4 E .D coc. oo3 ° g co -ow .fl o °✓' E o E o w tit N U G a ✓ 3 -o op N a a ✓ D 4 G � 0) a G Z L 9 R C O N V 9 c E ✓ 4 O c ca u s 7 o e d E`L d L m A 0) 0 a c 0 L R )0 0 O ✓ ✓ .O O 9 U a op Z a o ft O G N O c) RESOLUTION NO. 2019-83 Implementation Stage Mitigation Measure Impact Heading During grading. During grading. During grading. During grading. ro 4 m 0 construction. `o o o N v, N y 0 4, 0 }, O a C o C o C o 00 u 0 v( u w U u U u U u u a s a s a a a O O O O O O O a s a a` n n O. N a Y •N +' 'B w C us L a a C v CO C - O 17 bO 4_> t u >. a L U O. U 7= m i Y it) a is Y E j c -Fs p u 3 n T � a IZ O L c m 'n 7 L 0 0 m a U1 u c — 0 L 3 rn ro v E ,1 ro v oo o ro ncu o O a s a CU C ro -, O Y O L0 CO O CV v c a— 9 cLL u, CO CI) 0 '`°00 O!-' a c ao o.1 5N? ` o u' 0 .- ,, n= C 0- a;E ut a O lf' Z. u :i: .-1 a O C Vl C Y .O 7 -O C u' a N — r0 aoj ' w a U U a N t 0 u oO 0 N U r0 O 7 rp O L CU T L y C= ` O N Q. Y fO d N ll1 c ` v, 4.4 Y O o E `a v E v v m n> MI C a c o E$ c o c 'v v - c 0 C a 73 cu 03 Y_0 a Y E O -co aaO i O ,-' i., a O Of)a _0,co 01 v u 1-t usO O '3 oda of Y -O w111 _c -55 -.E. -o c C O' ,^ C c �' LL a cC C .c L o 4 c .0 !u0 0 7 C a N a CU > 0 v v 0 Q m" _ O , n v o a a In c m o u n' ,Q o t) Q.1 4- w 0 Y ° a f—NO 0' NE in a a c N w 0 0 Q- -a 'Y m a>> u D D o a ° o L 3 7 ro OO > O o o ao v ° > m v E N a�OOi > o• o co a u CO (O C a 7 3L � 7 L L L 7, "= CO u C O a r0 L ui pO OD V1 O V C U Y N` m v y y E cc c u 'ic aXi c m w o 0., ro o v N y a r` Q 7 .0 ui E L N E C a C > c N O > Y v C v 0. on X ,uo `• 0W '" L c• u .0 — E '- o v° N C d 0 03 aoO a d Q. to — 7 Y i-. 'p X Y L Q X -O a IZ Q. E U C a w v' a ,n 7 C H a 0 > 7 Cro 444 O E d, ut L f0 Q t0 E a c c u' a Q o v is F- o o OD - •0, 77 m 2' N Fa a? v a n a a Y a o _ c a o o u fO •� r i c o 3 n u ,> o r^ C} ^� 3 v j n o- o• a `° Q "' Lu v C aU oai L. CU y L Ow c of ai L `o Ow 0 w0 a s O Ow m ro 7,- ro )7 -O CL Y :7 w. Y w- t> 4,9 Y VI 4 Q Less Than Significant Less Than Significant Less Than Significant Less Than Significant e Less Than Significant RESOLUTION NO. 2019-83 cc C3 0 cc a ci cc a. 00,- a _o do 0,3 N ZCCZ 0 co 1— 0 W Z 0 Q Implementation Stage C C .D O .0 O ro 10 co 7.' y, V N U m L 00 j V c C C O aU O u During Construction oa 0 ....70 a+` O �v - a op a ra ap auv•u p `O c nO c ac a- .-, ' a+ . a o ovc ov o on c c L.) 7 w V to w V w o u u u u u u U U 0 a a a a a a a CD L^ O O O O O O a m O O oca II-- caa a.a Mitigation Measure Impact Heading During construction. Prior to ground disturbance. During construction. During construction. 0.- 0� o NN :° on ` oa ` ILOa O y 0 4-, O C C O C 0 C O pp Ul7 Ul7 Ulra�w U U U U U U U a s a s 0) a a 0 0 0 0 0 0 0 0.. a a ri 0. ri a E O0 v .3 o Y 0 c U 'c 3 °c° D° N o n °„' o o w E o v :c 0° a O c E -a ra ap 3 Y • .� U a y U O 0 c R C V Y J� u fl" .0 Y C a 'O L N N a OU E C Ccaj N p a F N 41 0 3 0 co a o cji w a v E w ,,, a a a o a C E u a 'O 7 a Cr d c O ` L t u '477 C N C '.>-. -a 0 C N b o .� .--' ff c c C rVa o ,~ = CO v 0 v vi .a' U_1 E a Cr c O 7 a -0 7 [L M �' .-i 00 O U H Y U a_o 111 �.. n O o a C ro a O fOn `0 ` — 3 _ ro -2 o o D 3 a E -c ,*_0 2 S1 a 0 C L .7, aa+ U b4 is O a0 C N — C `1 O L C Ln C C w. U C to no 7 an v, v, 00 -O C a 7 E a co 0 p a N m •is 0 a O 0 as C 7 a a an F- p Q@ y al f- 'O C r0 C - -0 VI 3 an 'n C C 3 On f0 •-' 7 p Y .-- Ou _ a c a ' 3 �, a c u o '� E Lpo a o c a c `o ro 0 E i g 3 n C -0a ra 01 _O C u > i 7 o > = j N Lp " -p v C a 3 —_ co -a ra '^ 0 'C ra ,+7= to E w ,..‘E C H 7 .O p in Ccu ` U 0— 2 `1 C uro d a a u E a v es 'n a t +� a= v V O a v+ 00 0 �_ u +� to ` +' a 7 a v to ra a VI a p 0 L a ^ '0 v U v t a a 4; c u a as c" N r` Q u u �' VI O 3 co 60 tai O a 7 m 7 C> O w aD CI. .0 O 'n ra V �• .6., = a C C 0 a a' V= �_ w N O Y a i' an O ro ro C O vs a N ,n r0 c r0 7 O a v m j u, O O O N p H O t 7 a C O. `n t W H U a VI ° a u y a) 'n �+ �' to E C "0 O O C y- .o E (a C u ..' ✓ ra CO v, ii 2u a .•' Q 7 a a ' v Evs o E m= n. ri L^ r i._ c:,..; u -C � s 00 17'CU 01 .- 1 F- C a .0 N,- I L-' 7 ri E .--1 O a O c ^ O D O D= O L u a p E O a O ro 0 3 a W 0 0 ra ro w t, r` 0 w 7 ra w " y d Q V V w X a w 0 w ra 0 co V a u, 1Z l7 VI an 3 l� rn 3 lJ 3 l7 a E lJ .. C7 4= m Less Than Significant Less Than Significant Less Than Significant Less Than Significant Less Than Significant Less Than Significant Less Than Significant 9-83 RESOLUTION NO. 20�—.� V U �' O •y A o VI t v co ;, V. O Y Q .n v✓ 1 co U u Do T pp a C V U y 'o m° c c u ° ° m u a on a a o a on as `v co W ?> a O 6 A O c C V Y Y. o 0. v c °a on 4 Q y ° d o u o s t l7 a a a 0 o " `L o°— o c c° 0- O. ,- 0 •t p 0 o a — -o a .o on O Q a v FL- 0' d- 4' ° Y. y L N pY 'O O Y A C> N G Ct A M .n C co a O a N ° c° °v' c c "�° c a o r E a �Q T i �' o 0 o A d Y o ,� a u VI u E o. v R d `a' ° "= • m-- a 05 0 ono on n,- -ao 0 d c d a o o t- 0 7 y 'O a 3 = �n 7 'p a y A c ":� C A ,n Y 7 y a j U a y 'p a 'CC 6 -6a. �n Y a •✓ y D z' C O y •c a ,p '6 Q CC "' o y co p op �' Ro.b 3 A L O O' O• Y t3 •p t°J 0 o v @ u— a c ao » o a a o Q e E a a o v c oa fi c IS `n p '° O- -O o O y N ?� 'p 7 '7 y D 7 A fo `� a A O c 1 O- a 'O A i6 �' � Y ✓� N N 7 °OD m CC Y. t] a✓ a a L e U 3 a > a j A A c G .- O so 0- 3 3 ,° .. 7 A O� N y ✓ A t-b G an by i9 `° '" % > O a •`-' `^ (,� @' v u �_ "O ;;� A "4 CCn ? j C O :�y L a C• a U N 'v Y 4 4 Z C. A ,n 'O 3 C a c cr •� U a 'n c A O .� G A a✓ A "U 0 ►� ^� St O' `C. -0 a -O 0 bn "4 A a -cc A E ; tO `pp o a `^ a M G .n a G C "� CC r YO N co ° 10 C 7 7 ty Na ° L O A _2V »=• = C• O d O� LNN 0 �9 NO a p cO °W o r >i+ ✓ a -TO AO to N @ Cn0 ooAu eo .-0 -0 VI 'ia 7 O. N y aR° co .-co•o 0O ° -0 -a ~ AuL �W N 0 cE G is R O M. 7v.N .0 Cy m C.5 u.Z 0b0 G A a A° t ` +a C p6-. .0N N AcG A'n A C 'O Aa E mE3 cA-u ~"0 co (o 69t o ''a a Z CC @ $ om omL co an o u O A a Y i+ "O L L o a dN a="d w amcaNc=i'"m „n SD° ;�@ > o -p co a ° o6 .; Y. ° o oyC° r ° 7 C O ..= o., N N O 3 -i° Oio� C'yNs• Lv u E a LN w OC n .c aO • QN .pim ZN°y.)O`nN - rOR`^uONa y 0, a. V .W m0e 0.-LC LyN40 ~ ., 9 46 o x c9 .0 - n y oao 7A O o61 -0oE'v u r�, - T. 7 m >.v o S is a a nGc a c ° o a YaC o h- • E on `+ d r O c c 0 Y .0 a oCnoo.9aEUQr+ 3 L 'E O$ o ,„ N @ =O O uwo 3 'O G. O 'f an c oA Cu)7-4 7 O• -.0 O d.1:3 d7 U C0 T ro y" a^oc v Q A`Cmo �° 0. 'O A N O on ' °' O a co 33W NppA -° G C o =V C a foe „rr rto u _ C ..• c on A Cn ) A •D Y 0 oC_n S C �? O A cca .... cco -C ' C N Y OJ1 C .0 N pn s co r v s w 00 C Y \ V, C� L!' L ,Ni+ J C V J c .c411 N C a A A N J Ur L N a al Y N 0 0 L J a 0 w 1 RESOLUTION NO. 201�� 0 a- u u O O a0G U ✓+ v Q. •fl G 7 �, i0 a7 a a✓� d 0D' a✓ c 'Y o O 0 =o a Ou •v j v o a E um O G Q � i0 � E a a 4) °7 c C v O 'a o O N 00 v u• J N G a N O 3 •00 'o co, w0 Q IS n0 N C 30 C= a O o E t7 @ c '✓� v o _� O co c a y 0 0 C. o R + ' 3 t d ii ✓ -0 CC Z C d c0 0 E j c u rt. -0 a o o a d-aa - • a r n 0 0 c y C@ a a `a7 a o O Od on ? a o co a a fir,) 0 a r0 '0 .y d 7✓ A Ill 13 p ._ N co m 01n c d OZS Q N . On 0 O3 0 3 N in O a a t� Lf. ° c o E @ m - Z Cr Z O o J d@ O `co O0n o 7 = a ,� o a ,n CC, V io o c _ o ON c a ' o a o °' 1-'rN �9 co_ d Y✓ °i0�19 Z N� i.,::::,L oco @ d Eca O w n3"� v.90 a m, 0 = d 0 O 0 `j a i • • i 'Q . = O tco 2 00 to a R a a)✓ d 0 3 v o. o 0 0 a w Q3 a t so -0 0 i N r0 4- O O 3 N 0 'a T c o _0a - ' do L' d w w v n. 3 .. a 3 c00 d E a d co N t 0 a m R oau d Gc 0. N 0 A .0 a ' N o i0 ✓ -t m o E o s w , ° o'c w = E E p o d o -°'a m Z v n v us 0st, a' 0 a u a. x $ $ co ma t W C E ✓ `,7 co :4 a % 0 o E o E E = 00 RESOLUTION NO. 2019-83 c 0 CC aR 1—R Tr cc a° Ili 73 1• 0) 0 D4j c'!o Z Z 0 co to z cc O Q W Z 0 Implementation Stage t 0. OD C O a) At — c 0 c o a a f0 a Mitigation Measure Impact Heading w 4- co 0 O O Y 'A C C C > v., 00 f0 co 0 f0 O_ n O_ 0. C ,- C -CC 7 OD 7 OD 7 OD Y a co a p V C V C V C_ > f0a°- — +' O -O O -o O a 0 OD _ _ _ C OD ,_ YO YO YO C o '� O .7 c O O i O i i 7 0L. i- v, 0. .0 O V 0. w 0. w 0. :0 Prior to issuance of building permits. �l Y Y U lL U U V •O 'a,, fO y Y O .. e O - O _l[ O fp V C V 2 d 0. 0. CL O 0 oCD J o 0. c 3 c 3 c 3 c c 'C a c U a O U a c V a c _V a c V a C E a cc a v 7o E a a E a .n E a E CL v ut o( r0c' na n co na0a O n �o o aa p ° v d o a) d a,U O a _c a DC U O 0. U O o. V O n. U O Y'a -0 O U QJ C.-- fa n 9 Y t0 ',,, — 7 Y O a co L c �O a co C c O _ca 0 0 ON C 4' N d Y O co U c0 E -0 N 0_ o.Yw •yc fo•E or, a o a cti E °c° c a In f0 LC+ lL O E O v a c _cc Y co -0 a fD Y > roc 0 0- c a W 00 _CO f0 CO a ...C-c a ~ 0 c •E Dc Lo c Na c rb • O a 0 a c VI p a s E u v O C fC00 0. L to O — C v a `' r0 a C a CI) a Y s E 3 -° CO 'f0 C OD w w U O C > '''n a O a eli -aa u U > C COO -O 7 O f0 a W co _C a a,'4 c .0_ u f0 O a s(0 v m c E 0) U U jO. O 0 N 'p X `- N o_ ,. j fo O 2 co E n o E a '^ O Fa. co c = O. on U �_' .. „ a a u to C C U O c-0 a ,� c .o fo a t i 0. W c a U 7= a 4'' — .) j a Ya C a v, '0O U c E 0 a y U V a a N N O v1 v H fy1 ,� L a d0 ro 0. 3 00 d 0 v, C V) Less than Significant Less than Significant 0 a 00 a .Q aui O a a r a co 0 C a c E Cu- t fO c a O , a tti V O a a L C 3 fD a Y a fa C Y ,,, O Q1 O b— To ro .0 0 V, Y c a c 0 0 O a a ..CO a ..c a cos .t_. _ 3r .J a 0. +' >`• cp ai "° Y c 'o ,- O Y 0 o> OD a aj 'I' Q) C 7 0 a -0 v > fa c c0 c N Y l!'1 .aJ 0 O 0 a OD O co ,1 f0 co O o Y a > > c a u 2 a a c.0 a w .., ai v 0 •OD a -0 `• 17 7 tcO ° OC1 N a C Q. Y fo N c fO a p �7%- — ' E y N E vt L w fo H •0 t. E a a V 'n Y C ." O C c v Y Y 4- n -- f° a s C c u 7 E T L N C p A �% CU a a c 'Y ' E N fo w N a� o a E L -o 0 n y °o -0 c C 'a o° m E roC 0 s `° $ a 3 w fvo a c aYi �° 7 ^ a m n Q 0 >, so ° o ° E v ,.,, 'E OD c u u a a O .O ~ 4-, Y N y E a Q Y a V v, C W 3 �O = V ,--1 U C a f0 Y C a a CO po t `, a .'-^ O .5 a v' O •0 0 O v. .o u, - V - -c . n3— c a— a c> c a o�D aCri f>0 (CO 'a N Q Q 0 X a c v~, fV0 w f�L0 N- a c d 0 tao a s O_ Y C V a U .- 00 OV co � 0 u o y af—° ° I- ? u '0 Uvw U a aui t u 2c C N Vf c` .4., sa-. O I a `1 G Y Y a N C 'Yi, f0 00 a ut 00 co Vi t a O a '8 to c C N LO 0. `,� 'n H fo " 0. 0U a_+ " c c0 V N L f` ..- a O N t Y c 3 C_D f~6 c0 C N -O 1-- " w c>0 uv', 03 H a co O c N U CL a • 0 a 3 0 N> fn O cl O O a OD 0 C~ 4 U ,,, Q O 0. C coil u 47, Q _ Y w 0 .. cOOo C Z �o ai N u Z a Z O Z aLA O fo Q N .> a .a co Zm cc Q C Q cc a f0 d N N F- c a p D Y )- d 1-- ° )- v E 0. Less than Significant Less Than Significant Less Than Significant Transportation Less Than Significant Less Than Significant f a h\>» t\ 2 Un3 ®==f&\&t 5 c� O-u� � # m 7 & • ,..) 3)/-3a\\92a a_ 4) 2« 911 e \ \\f$k00)" ® y £ \ ƒ \ ƒ 5 / \ co { \¥fcsaaa+�aS \ $ f \ m. t a = y a a a , § ® ®� a /%\\�+&0k/�/ $ ®e t / f / c. m - ? k • 3 G. & J & = - ®{ o 0• \0A�3 �k9\� a\E\7a%,\\�$ tst=«6_.&$ \i+»\\72\\0 o¥e�-0co« «e f�?[4 co k����� r m ,^ ®¥\25\k% \�) VI \\%5 ƒk-° /¥&a RESOLUTION NO. 2019-83 cc 0 cc Cl.CC 0 w ILI C 0 '� N o Z cc Z pccno Ln z cc c w Z 0 Implementation Stage CO CO a u Prior to special event 0 0 Q/ v 3 0 3 ro C/ Q to special event. 0 0 C/ v 3 0 3 N a/ to special event. 0 0 cn In Y Y v • C/ a, -' ar 0 6(a 1 0 Y Y V Y H H r0 0 ra a, a a/ QY O Y Y Q to special event. OD C/ C/ 0/ 0 Q/ C ( w O '0n O '0n O N O '0n •C a ro a a ra a 0 ro ro 0 v v a/ a/ v v O M GO J C OD �,; —IOC .., J O OD w —I0 00 ....7J 0 C t_1 C Cl C C C/ C U C a/ C U C C/ C U O C Cl 4 C E a1 _o w c E a c E a/ ' c E wc E ucc C, raca 7 rotc oc - a c a- ro c - O a a p O ara fa aa (a O ar ro . a) O " w O " a O U O O CC a U 0 a _c CJ 0 0 a _C C.) 0 a _0 0 0 a -0 D a t Mitigation Measure Impact Heading c 0 cO `0_ 0 v v 0 C _CY ij C/�, 0 Y r0 " 1-0' v1 o m o u co 0 a L C U j c 0 rCp 0 a ro o E U .� a/ N a '� aC s a 'n >- Y u a O C 0/ 0> L C r0 O- C > C 'y a 7 O Y a/ Y 00 C/ _ E N •E yr . co E ra u E C1 a✓n C �+ H U O U N 7 4-, C N W 01 '^ 0 0 Q/ 7 a L Z- OD c 0o w ,A bp U tan IIiU raO U OOL cY Z c 0n :C1:-.! uaou o o v ° 07 02f o 0c U w'n ✓ O L 'O UCf`O C o co sr, fro h00fi 7C Y C/ C co rt3 O N I-'- L CF-C-QJa. O'0 60 m Q)1.7. 06 V( Y c 1A Y Y Y C L '✓ 0 C .N a 0 V1 C C C/ C O m C Y (a > v E E L V a/ > o r> .- c t b0 W c w Y 3U rov 0 a, 00 ra•5 'n o u C O u Y ro 0 'u a/ S°° •u O c 0 a— t+7 y L E 7 'n Cl 0 CL a 'n O c 5 ro c • 0 C t' L 7 O c -C.-. i0 L> 7 Y N L. (a 0 0 .' U Y O a0-, Y u t0 o U YO O a 0 j 0 0 c In b0 C �/ >— — "EL c C ro •a 'D ' 'n 0 'n 0 a is ra r0 E O' fa 0) O ro V1 u +' O` 0 ro C/ 'n a E V) 0 v,, ro 0 �, v c 7 L U ro C d > 4., C .1 > �, OJ o N CCl .n .n C 0) d " -00 N u 0- U d c C C N 'O ro .c a Y ` C C 'd C C a a/ a .0.. yJ -0 lol O -0 L o C a 2 co 0 m a ar ° aE, 03 v ac, 1 u 2 4-1 o m~ c ral 0 a/ X to OD u in u 7 Q a c c Y Q d o v Q °' ntxt < •a/ a cc° c> a, 0 s o z O o a v o f a ra N Z. Y {— ✓ w V1 �— a .0.0 1— a 0 Less than Significant Less than Significant Less than Significant v 4-0 0 ro 0 01 C/ >- a E 0) 0 0 c C ((0 L a / Y L '0 a 0) Q/ 0) ra a, u/ Less than Significant Project site. 00 a)N c L Y Y Q1 (o ro �o a, o c 22 a V f13 7 H C N V1 C EO C E y; O Y C/ (a v c — OD L C/ ra OD C 'r0 �' > a, c Y >o a; -a/ ira fa s Y u 0 � Q1 an u a .� Q. a/ a o ro -, H O co > CC C0 C cu it. E C N > c p v n O o a)C c 4,, a C w E ro 0 a, io 0 'Li/ ra .- L 0 CL E ✓ a m a)- > v v F, VI v ` s 7 ro a 0 0 Y c 01 u o ro c..)u 0o a 'n 0 a/ E c u u o ate. a, m a C/ �n m O` a " CO > " 0 a CO O L In • C ,0-, i .E O Y C a ' I r0 C/ 0 r,i c a v 0 0 a _ a a y m 0 c Cn �' c V) u -0 N O 'n 0 O Z a/ 7 Z ;Y —✓ 'E ' ' Q o °ra < -o c v cca r>o H rho F0- ,r O Less than Significant Less than Significant RESOLUTION NO. 2019-83 Q Cc 0 cc (ate Cc o.wo Cc , dj a N ZccZ p cn F- CC 2 Cn c W Z 0 Q H Implementation Stage Mitigation Measure Impact Heading Prior to site disturbance. 0 N a LC c O_ 0 ro U OD L c 7 C 0 >. U O ro � N _ C C O o a Y 3 E V u t a '- (o o a a a a Prior to issuance of building permits. occupancy. occupancy. Prior to issuance of grading permit. -° a T 0 h "- c it co O Y aan O y cc .0 Y a c70 Q. o t (o Y 4 a u u '^ 03 7 c a 0 v- u, c Z H L Vro 7i a L w O L ° a c +_' C VI H d Y (a •Y Y, 0. O 41 a a .3 a 'n no B — C o ubn - ° c_ E a ' a a l7 c O m L ro a L n �iO fO -c �o v a COYj m •> ° 7 (a U ut O LL a0 > a •a o op 0) V _O 1 7 a O. U 2 O a U a >. Y C Q° 2 E L r E o v c C .c N (a V ro U v u° c c t VI '7 'Y c:113 ° o a 't ti (a _o C a a u o a^ a a a s 7 CO a — a' 3 co a v u 7 .� c 7 v E Z.. '3 > '^ N 0 o Q �' `O a 0 a ca a y C a t cLi1 C u 2 c ro u ,a p Y E a 'o a o Q aui a a o c _ a n c c a E a do c> c an a° a s OD Cro c O aui ° 0 3 ° a u a) -c ° a c C -p E a`) f4 `" E > o p c aca `—' > 't a`) '> E v a% V C y a'n, a (O a 0 �..' 'CLIcn (a a 7 -C a - L l.L op a oD -O c C an L a L 3 .n r s O vc 2 V f0 v V o a c +� 'O u1 a) a y D_ V N Y D C a O C a a > ro 0 an L 'O u a IA a C f- (O .' Y C N N Y �-' a C c Y Y C a U C a it C (a r0 O -0 a O co ° a) Q`) Y Vf = VI 00 a s C .C., fO ` a ry Y Z. 0.0 _ U (a o y Y OV C O `,, O 0 fa a 0 a, of c t G) LL CO U 0n .7 ° a° u au) a Q1 N❑ > u o E c O c a v a 3 c (o a 7 0 0" ccl)an O o. - Y -O a y ° 7 v al c ac o c r c v v c c^ E °c° =o a o ru a� a m d O U u p c l w p C t Y u [t. N -p a C `g a � rn E a E° ..`-- u a oo ,a 6.0 a s `) Cu 'T t C a d a t 03 _ V ut L (a in O_ CO cn cD L E L ro a Y° ` H O_ 0 CO ✓ .0 F- > a a d m 'O H u F- a ui > c v, > iD C L O (a '-' r a0 'O a; an al 0.) O >^ VI— -o : u •— a- c 7 a° a E Li VI co z a Q .0 .� a Z E p- c; a v Z y a Z z o a Z to Q a a c 'p^ Q o E (a c p Q a u o Q ° CC Q x 'p a° K O_ -0 7 0 O aC V C K Y C CC O H (a (0 - E a F- o u u d E F- c co (O H 0 7 H m a f- o- Less than Significant Less than Significant n Less than Significant Less than Significant Less than Significant Less than Significant a